When the condition of the person who has suffered damage has been consolidated after the date on which the Commission issued its first opinion, or when new damage attributable to a worsening of the person’s condition requires a new assessment of the damage, a new expert report may be drawn up, either at the Commission’s initiative or at the person’s request, so that a new offer of compensation can be…
The conciliation commission examines : 1° Disputes relating to the rights of patients and users of the healthcare system involving a healthcare professional or establishment within its jurisdiction; 2° Requests relating to disputes or difficulties arising from an act of prevention, diagnosis or care, or carried out as part of biomedical research, performed within its jurisdiction.
The matter is referred to the Commission by registered letter with acknowledgement of receipt. The request for conciliation must state the name and address of the applicant, the name and address of the professional, establishment, health centre or service, the producer, operator or distributor of health products or the promoter of biomedical research involved, as well as the subject of the dispute.
If this is conducive to resolving the dispute and with the agreement of the claimant, the chairman of the commission may withdraw the request for conciliation and forward it either to the relevant commission for user relations and quality of care, or to the regional interprofessional assembly provided for in article L. 4393-2, or to the relevant departmental council of the national order of doctors, dental surgeons or midwives, or,…
The Commission hears the parties involved in the dispute and endeavours to reconcile them. In the event of total or partial conciliation, it records the conciliation, the terms of which are set out in a conciliation document. This document also sets out the points of disagreement that remain in the event of partial conciliation. It is signed by the parties concerned and by the Chairman of the Commission or his…
The Commission may delegate conciliation to one of its members or to one or more independent mediators who, by virtue of their qualifications and experience, offer guarantees of competence and independence. The persons mentioned in the previous paragraph conduct the conciliation under the conditions and in the form set out in Article R. 1142-22. In the event of total or partial conciliation, they personally sign the conciliation document, a copy…
The National Commission for Medical Accidents, set up by article L. 1142-10, is made up of the following members: 1° Four professional health experts appearing on one of the lists drawn up by the Cour de Cassation and the Courts of Appeal in application of article 2 of law no. 71-498 of 29 June 1971 relating to legal experts: a) Two practising in a liberal capacity, proposed by the Centre…
The chairman and members of the commission are appointed by order of the Minister of Justice and the Minister of Health for a renewable period of five years. A number of alternates equal to the number of full members, excluding the chairman, are appointed under the same conditions as the full members. They attend meetings of the Commission in the absence of the full member. At the first meeting of…
The duties of full or alternate member or rapporteur of the Commission entitle the holder to travel and subsistence allowances under the conditions laid down in Decree no. 2006-781 of 3 July 2006 setting the conditions and procedures for payment of expenses incurred by civil servants temporarily travelling within the State. The Chairman and, where applicable, the Vice-Chairman receive a functional allowance that is not subject to civil retirement pension…
The Commission meets when convened by its Chairman. A meeting is convened by right when requested by the Minister of Justice or the Minister for Health or by six of the members of the Commission. The Chairman sets the agenda, which must include the subjects requested by the Minister for Justice or the Minister for Health or by six of the members of the Commission. The Commission may only deliberate…
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is a Registered Trademark of
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75001, Paris France
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