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Article R1142-32 of the French Public Health Code

Failure to reply within four months of acknowledgement of receipt of an application for registration or renewal of registration on the national list of medical accident experts shall be deemed to constitute acceptance. The time limit at the end of which, in the absence of an express decision, the application is deemed to have been accepted does not run until all the required documents have been received.

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Article R1142-32-1 of the French Public Health Code

In order to enable the National Medical Accidents Commission to ensure compliance with the undertaking given under 6° (b) of Article R. 1142-30-1, the experts must inform it, without delay, of any assignment or expert opinion that they carry out for or in association with a public or private body in the field or fields of expertise for which they are registered on the list. They shall also immediately inform…

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Article R1142-34 of the French Public Health Code

When, in application of Article L. 1142-11, the Commission is considering removing an expert from the national list of medical accident experts on its own initiative, it refers the matter to the Commission referred to in Article L. 1142-5 within whose jurisdiction the seat of the Court of Appeal with which the expert is registered is located, for its opinion. In addition, the National Commission is informed of requests to…

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Article R1142-36 of the French Public Health Code

The national list of medical accident experts is published in the Journal officiel de la République française. The initial list and its annual updates, published under the same conditions, are sent to the courts mentioned in article L. 1142-11 and to the commissions mentioned in article L. 1142-5, which make them available to the public.

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Article R1142-37 of the French Public Health Code

By way of derogation from 4° of article R. 311-1 of the Code of Administrative Justice, disputes arising from decisions of the National Commission shall be brought before the administrative court within whose jurisdiction the Commission has its registered office.

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Article R1142-38 of the French Public Health Code

The National Commission for Medical Accidents assesses the conditions under which expert assessments are carried out by the commissions referred to in article L. 1142-5 and makes recommendations on the conduct of such medical assessments. It also formulates recommendations, based on an examination of the operation of these commissions, an analysis of the opinions they issue and comparisons of the conditions of access for claimants, in order to achieve the…

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Article R1142-39 of the French Public Health Code

The National Commission may make proposals to the Minister of Justice and the Minister of Health for the improvement and uniform implementation of the system for compensating for the consequences of health risks. It shall inform the commissions mentioned in article L. 1142-5 of these proposals.

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Article R1142-40 of the French Public Health Code

The annual report for which the Commission is responsible pursuant to the second paragraph of article L. 1142-10 is drawn up on the basis of information collected both from the commissions mentioned in article L. 1142-5 and from the Office national d’indemnisation des accidents médicaux, des affections iatrogènes et des infections nosocomiales. This report shows, in particular, the number of out-of-court settlements made and assesses the progress of compensation procedures,…

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