The Office covers the cost of expert assessments. Within the limit of their respective share of liability, it shall request reimbursement from the persons considered liable other than the State or their insurers, in application of articles L. 1142-24-16 or L. 1142-24-17.
I. -In its opinion provided for in article L. 1142-24-12, the College shall rule on whether the damage is attributable to the prescription of sodium valproate or one of its derivatives during pregnancy and on the liabilities incurred. For each head of loss, it specifies the circumstances, causes, nature and extent of the damage attributable. The parties involved must inform the Office without delay of the name of the insurer…
In addition to its opinion, the college will forward to the insurers and the persons it considers responsible all the documents provided by the claimant to enable them to draw up an offer. Medical information is transmitted in compliance with medical confidentiality. The offer referred to in the previous paragraph shall indicate the amount of compensation proposed for each of the heads of loss specified in the opinion of the…
I.-Where the College finds that there is no liability, it shall inform the claimant and the persons against whom the proceedings have been brought, as well as their insurers, by any means that ensures that the date of receipt of this information is certain. II -When the College considers that the conditions set out in II of article L. 1142-24-16 have been met, it informs the claimant that the Office…
When the condition of the person who has suffered damage is consolidated after the date on which the college issued its first opinion, or when new damage resulting from a worsening of the person’s state of health attributable to sodium valproate or one of its derivatives requires a new assessment of the damage, this person or his successors may ask the college of experts to issue a new opinion. The…
If, at the end of the period provided for in the last paragraph of Article R. 1142-63-30, the persons considered liable by the College or their insurers have not made an offer of compensation to the claimant, or if they have explicitly refused to make an offer, or if the claimant considers that the offer made to him is manifestly insufficient in the light of the opinion issued by the…
The Medical Risks Observatory has nineteen members: 1° The President of the Haute Autorité de Santé (Health Authority) referred to in Article L. 161-37 of the Social Security Code; 2° The Director of the Agence nationale de santé publique ; 3° The Director General of the Union nationale des caisses d’assurance maladie ; 4° The director of the Office national d’indemnisation des accidents médicaux, des affections iatrogènes et des infections…
The members of the Medical Risks Observatory mentioned in 5° to 12° of article D. 1142-59 are appointed by order of the ministers responsible for health, social security and the economy for a renewable term of three years. The Chairman and Vice-Chairman are appointed under the same conditions from among the members of the Observatory. The Vice-Chairman is responsible for chairing the Observatory if the Chairman is absent or unable…
The secretariat of the Medical Risks Observatory is provided by the Office national d’indemnisation des accidents médicaux, des affections iatrogènes et des infections nosocomiales. The operating costs of the Observatory are borne by the Office.
The Medical Risks Observatory may only deliberate if at least half of its members in office, including the Chairman or, in his absence, the Vice-Chairman, are present. Decisions are taken by a majority of the members present. In the event of a tie, the Chairman or, in his absence, the Vice-Chairman, shall have the casting vote. The Medical Risks Observatory may hear any qualified person.
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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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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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