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

Where the Commission considers that a medical accident is only partly the consequence of preventive, diagnostic or therapeutic acts for which a healthcare professional or institution is liable, it will determine the proportion of the loss attributable to liability and the proportion for which compensation is payable by the Office.

The victim informs the Office of any court proceedings relating to the same facts that may be in progress. If legal action is taken, the victim informs the judge that the matter has been referred to the Office.

The victim, or his heirs, has the right to take legal action against the Office if no offer has been made to him or if he has not accepted the offer made to him. The action for compensation is brought before the competent court according to the nature of the event giving rise to the damage.

I. – When the competent court, seised of a claim for compensation for the harmful consequences of acts of prevention, diagnosis or care in a health care institution, considers that the damage suffered is compensable under II of Article L. 1142-1 or under Article L. 1142-1-1, the Office shall be summoned to the proceedings if it was not initially summoned. It becomes a defendant in the proceedings. When it follows…

The Office national d’indemnisation des accidents médicaux, des affections iatrogènes et des infections nosocomiales (National Office for Compensation for Medical Accidents, Iatrogenic Diseases and Nosocomial Infections) is a public administrative body under the supervision of the Minister for Health. It is responsible for providing compensation on the basis of national solidarity, under the conditions defined in II of article L. 1142-1, in article L. 1142-1-1 and in article L. 1142-17,…

The Office sends a six-monthly report on its activities to the Government, Parliament and the National Medical Accidents Commission. This report includes a specific section on nosocomial infections of which the Office has become aware in application of articles L. 1142-8 and L. 1142-21. It is made public.

The Office is subject to an administrative, budgetary, financial and accounting system defined by decree. The Office’s expenses consist of : 1° The payment of compensation to victims of medical accidents, iatrogenic diseases and nosocomial infections in application of the provisions of this chapter; 2° The payment of compensation for damage directly attributable to compulsory vaccination in application of article L. 3111-9 ; 3° The payment of compensation to victims…

Compensation granted under this chapter may not be combined with that granted, where applicable, under Articles L. 3122-1 to L. 3122-6, for the same losses.