Chapter IV: Compensation for the consequences of health risks

The provisions of article L. 1141-1 are applicable in New Caledonia and French Polynesia.

Sections 1, 2 and 3 of Chapter II of Title IV of Book I of this Part, with the exception of Articles L. 1142-1-1, L. 1142-2, L. 1142-4, the first two paragraphs of Article L. 1142-8 and Article L. 1142-13, shall apply in New Caledonia and French Polynesia, subject to the adaptations provided for in this Chapter. Article L. 1142-11 is applicable in New Caledonia and French Polynesia, in the…

For its application in New Caledonia and French Polynesia, Article L. 1142-1 is replaced by the following provisions: Art.L. 1142-1. – When the sponsor is not liable, a medical accident, an iatrogenic condition or a nosocomial infection entitles the patient and, in the event of death, his heirs to compensation for damages under national solidarity schemes, when they are directly attributable to acts carried out in the context of research…

For its application in New Caledonia and French Polynesia, 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 in New Caledonia and French Polynesia. To assert their rights, victims apply…

For the application in New Caledonia of article L. 1142-7, 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 that he or she has suffered damage as a result of research involving the human person or, where applicable, by his or her legal representative. “ For the application in French Polynesia of Article…

For the application in New Caledonia and French Polynesia of article L. 1142-14, 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 applicable in New Caledonia and French Polynesia, the insurer of the sponsor of research involving the human person shall, within four months of the date of receipt of the opinion, make…

For the application in New Caledonia and French Polynesia of article L. 1142-17 : I. – The first three paragraphs of the article are replaced by the following provisions: When the damage is compensable under article L. 1142-1, in the version applicable in New Caledonia and French Polynesia, the Office will send the victim or his heirs, within four months of receiving the notice, an offer of compensation for the…

For its application in New Caledonia and French Polynesia, 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, in the version applicable in New Caledonia and French Polynesia, the Office shall be summoned to the case…