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

A claim for compensation for damage attributable to a preventive, diagnostic or therapeutic procedure or to a research procedure involving the human person shall be submitted to the Commission within whose jurisdiction the procedure in question was performed. This commission remains competent even if, during the investigation of the claim, acts performed within the jurisdiction of other commissions are also likely to be involved in the damage for which the…

In order to assess whether the damage suffered is of the serious nature referred to in II of Article L. 1142-1, the Chairman or a Deputy Chairman may submit the supporting documents referred to in Article R. 1142-13 to one or more experts for their observations. The parties concerned shall be informed of the identity and qualifications of the expert(s).

If the Chairman or a Deputy Chairman considers, either on the basis of the supporting documents referred to in Article R. 1142-13, or on the basis of the observations of the expert(s) to whom he has submitted these documents pursuant to Article R. 1142-14, or, after the expert appraisal provided for in Article R. 1142-15-2, that the damage suffered is clearly not of the serious nature referred to in II…

The provisions of articles R. 1142-14 and R. 1142-15 do not apply to claims for compensation for the harmful consequences of an act performed as part of research involving the human person.

When the Commission considers that the damage suffered is of the serious nature provided for in II of Article L. 1142-1 or when it receives a claim for compensation for the harmful consequences of an act performed in the context of research involving the human person, the Chairman or a Deputy Chairman appoints a panel of experts for expert appraisal, chosen under the conditions provided for in Article L. 1142-12,…

In the case provided for in Article R. 1142-15-2, the parties concerned and the insurers of the parties implicated are notified by registered letter with acknowledgement of receipt of the date on which the commission is to meet in order to give the opinion provided for in Article L. 1142-8. The expert report shall be sent to them before the committee meets. At any time, the parties shall be informed,…

The notice is sent by registered letter with acknowledgement of receipt to the claimant, to the Office and to the professional, the establishment, the centre, the health organisation, the producer, the operator or the distributor of health products or the promoter of biomedical research whose liability has been called into question by the claimant and to his insurer. When the notice indicates that several persons are liable for the damage,…