Chapter II: Health risks arising from the operation of the healthcare system

I. – Except in cases where their liability is incurred due to a defect in a health product, the health professionals mentioned in part four of the present code, as well as any establishment, service or organisation in which individual preventive, diagnostic or care acts are performed, are only liable for the harmful consequences of preventive, diagnostic or care acts in the event of fault. The aforementioned establishments, services and…

Without prejudice to the provisions of the seventh paragraph of Article L. 1142-17, the following are eligible for compensation under national solidarity schemes: 1° Damage resulting from nosocomial infections in the establishments, services or organisations mentioned in the first paragraph of I of article L. 1142-1 corresponding to a permanent impairment of physical or mental integrity of more than 25% determined by reference to the scale mentioned in II of…

Health professionals practising on a self-employed basis, health establishments, health services and the bodies mentioned in article L. 1142-1, and any other legal entity, other than the State, carrying out prevention, diagnosis or care activities, as well as producers, operators and suppliers of health products, in the form of finished products, mentioned in article L. 5311-1 with the exception of 5°, subject to the provisions of article L. 1222-9, and…

The provisions of this section do not apply to the sponsor of research involving the human person, who may be held liable in accordance with the first paragraph of article L. 1121-10 and who is subject to the insurance obligation provided for in the third paragraph of the same article. Persons who suffer damage in the context of research involving the human person may assert their rights in application of…

I. – The system of compensation for harm suffered by patients under the national solidarity scheme referred to in II of article L. 1142-1 and in articles L. 1142-1-1 and L. 1142-15 does not apply to claims for compensation for harm attributable to procedures with no contraceptive, abortive, preventive, diagnostic, therapeutic or reconstructive purpose, including their preparatory or follow-up phase. II. – However, recourse to the commissions mentioned in article…