Article L1142-24-13 of the French Public Health Code
November 8, 2023
Article L. 1142-24-3 shall apply to compensation for the losses governed by this section.
Article L. 1142-24-3 shall apply to compensation for the losses governed by this section.
I.-The persons considered to be liable by the College of Experts or the insurers who guarantee the civil or administrative liability of these persons shall make an offer of compensation to the victim or his heirs, within one month of receiving the opinion of the College of Experts, with a view to making full reparation for the harm suffered. The second to eighth paragraphs of article L. 1142-14 apply to…
In the event of silence or explicit refusal on the part of the insurer or responsible persons mentioned in article L. 1142-24-16 to make an offer within the period of one month or in the event of a manifestly inadequate offer, the Office is substituted for the insurer or responsible person. Within one month of the expiry of the time limit referred to in article L. 1142-24-16 or, where applicable,…
Compensation awarded under this section may not be combined with that awarded, where applicable, under Articles L. 1142-14, L. 1142-15, L. 1142-17, L. 1142-20 and L. 1142-21, nor with compensation of any kind received or to be received from other debtors for the same losses.
Failure to comply with the insurance obligation set out in article L. 1142-2 is punishable by a fine of 45,000 Euros. Natural persons guilty of the offence referred to in this article shall also be liable to the additional penalty of disqualification, in accordance with the provisions ofarticle 131-27 of the French Penal Code, from engaging in the professional or social activity in the exercise of which, or in the…
Legal entities found to be criminally liable, under the conditions set out in article 121-2 of the French Penal Code, for the offence defined in article L. 1142-25 shall incur, in addition to the fine set out in article 131-38 of the French Penal Code, the penalty set out in 2° of article 131-39 of the same code. The ban imposed in this respect shall apply to the activity in…
The use by a person who is not registered on the list of medical accident experts provided for in articles L. 1142-10 and L. 1142-11 of the name mentioned in the penultimate paragraph of article L. 1142-11, or of a name so similar as to cause the public to misunderstand that name, is punishable by the penalties provided for inarticle 433-17 of the French Penal Code.
Actions seeking to establish the liability of health professionals or public or private health establishments in connection with preventive, diagnostic or therapeutic acts and claims for compensation brought before 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) pursuant to II of article L. 1142-1 and Articles L. 1142-24-9, L. 1221-14, L. 3111-9,…
An observatory of medical risks is attached to the Office national d’indemnisation des accidents médicaux, des affections iatrogènes et des infections nosocomiales, the purpose of which is to analyse data relating to medical accidents, iatrogenic conditions and nosocomial infections, their compensation and all the consequences, in particular financial consequences, arising from them. This data is communicated in particular by the insurers of the healthcare professionals and organisations mentioned in article…
With a view to studying the risks associated with healthcare as part of their duties, the authorities, establishments and bodies on a list established by decree shall have access, at their request, to the medical assessment files drawn up by the conciliation and compensation commissions or by the Office national d’indemnisation des accidents médicaux, des affections iatrogènes et des infections nosocomiales (National Office for Compensation for Medical Accidents, Iatrogenic Diseases…
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is a Registered Trademark of
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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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