In the decision referred to in the first paragraph of Article L. 1143-3, the court shall set the time limit within which users of the healthcare system who meet the criteria for inclusion and who wish to rely on the judgment provided for in Article L. 1143-3 may join the group in order to obtain compensation for their losses. This period, which may not be less than six months or…
When ruling on liability, the court may order the defendant to pay an advance on the costs not included in the costs incurred by the association, including those relating to the implementation of article L. 1143-12. It may order, where it deems it necessary and compatible with the nature of the case, that part of the sums owed by the defendant be deposited with the Caisse des Dépôts et Consignations.
The court hearing the action referred to in article L. 1143-2 may, with the agreement of the parties, instruct a mediator, under the conditions set out in section 1 of chapter I of title II of law no. 95-125 of 8 February 1995 relating to the organisation of the courts and to civil, criminal and administrative procedure, to propose to the parties an agreement setting out the terms of amicable…
The mediator is chosen by the judge from a list drawn up by order of the Minister for Health. The judge may decide that the mediator shall be assisted by a mediation committee composed, under the chairmanship of the mediator, under conditions determined by the decree provided for in article L. 1144-1. The mediator and the members of the committee are bound by professional secrecy regarding the documents and information…
Whether or not it includes a determination of liability, the out-of-court compensation agreement sets out the conditions under which the defendants will compensate persons who have suffered bodily injury as a result of one or more events identified in the agreement. It specifies in particular: 1° If the information available to the parties and the nature of the injury allow, the type of bodily injury likely to result from the…
The out-of-court compensation agreement is proposed to the parties by the mediator. It must be accepted by the claimant association and at least one of the defendants in the action brought under article L. 1143-2 and approved by the court hearing the action.
Approval terminates the proceedings between the parties who signed the agreement. The decisions taken by the judge in application of articles L. 1143-6 and L. 1143-7 are not subject to appeal.
The implementation of the judgment referred to in Article L. 1143-2 and the compensation of damages are carried out within the framework of the individual procedure provided for in Articles 69 to 71 of Law 2016-1547 of 18 November 2016 on the modernisation of justice for the 21st century and in Articles L. 77-10-10 to L. 77-10-12 of the Code of Administrative Justice.
With the judge’s authorisation, the association may call upon any person belonging to a regulated legal profession, the list of which shall be determined by decree of the Conseil d’Etat, to assist it.
The out-of-court settlement reached between the liable party and the claimant or his heirs, including in application of the agreement referred to in article L. 1143-9 of this Code, and the judgment ruling on the claimant’s or his heirs’ rights to compensation are subject, depending on the case, to Chapter VI of Title VII of Book III of the Social Security Code, to Chapter IV of Title V of Book…
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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