Chapter VI: Compensation for the consequences of health risks

The provisions of Chapter I of Title IV of Book I of this Part are applicable to Wallis and Futuna.

The provisions of Articles L. 1142-1, L. 1142-3, L. 1142-5, L. 1142-6, L. 1142-7, L. 1142-8, with the exception of its first and last paragraphs, L. 1142-9 to L. 1142-12 and L. 1142-14 to L. 1143-1 are applicable to Wallis and Futuna, subject to the adaptations provided for in this chapter. Article L. 1142-11 is applicable in the territory of the Wallis and Futuna Islands, in the version resulting from…

For its application in Wallis and Futuna, article L. 1142-1 is replaced by the following provisions: Art.L. 1142-1 -Where the sponsor is not liable, a medical accident, an iatrogenic condition or a nosocomial infection entitles the patient and, in the event of death, the patient’s heirs to compensation for damages under national solidarity schemes, where they are directly attributable to acts carried out in the context of research involving the…

For its application in Wallis and Futuna, article L. 1142-3 is replaced by the following provisions: Art.L. 1142-3 -Where the promoter is not liable, victims may be compensated by the Office national d’indemnisation des accidents médicaux, des affections iatrogènes et des infections nosocomiales, in accordance with the provisions of article L. 1142-1 as it applies to Wallis and Futuna. To assert their rights, victims shall apply to a conciliation and…

For the application of article L. 1142-5 in Wallis and Futuna, the first two paragraphs are replaced by the following provisions: An order of the Minister for Health shall designate the conciliation and compensation commission for victims of medical accidents, iatrogenic disorders and nosocomial infections competent for the territory of the Wallis and Futuna Islands.

For the application of article L. 1142-7 in Wallis and Futuna : 1° The first sentence of the first paragraph is replaced by the following provisions: The matter may be referred to the Commission by any person who considers himself to be the victim of damage attributable to research involving the human person or, where applicable, by his legal representative in the case of a minor. 2° The second paragraph…

For the application of Article L. 1142-14 in Wallis and Futuna, the first paragraph is replaced by the following provisions: Where the Commission considers that the sponsor is liable for damage covered by Article L. 1142-3 as it applies to Wallis and Futuna, the insurer of the sponsor of research involving the human person shall, within four months of the date of receipt of the opinion, make an offer of…

For the application of article L. 1142-17 in Wallis and Futuna : 1° The first three paragraphs are replaced by the following provisions: Where the damage is compensable under article L. 1142-3 as it applies to Wallis and Futuna, the Office shall, within four months of receipt of the notice, make an offer of compensation to the victim or his heirs seeking full reparation for the damage suffered. This offer…

For its application in Wallis and Futuna, article L. 1142-21 is replaced by the following provisions: Art.L. 1142-21 -When the competent court, seised of a claim for compensation for the harmful consequences of research involving the human person, considers that the damage suffered is compensable under Article L. 1142-1 as it applies to Wallis and Futuna, the Office shall be summoned to the case if it was not initially summoned….

Chapter III of Title IV of Book I of this Part, as amended by Act No. 2016-1547 of 18 November 2016 on the modernisation of justice in the 21st century, is applicable in the Wallis and Futuna Islands.