Section 2: Out-of-court settlement procedure in the event of medical accidents, iatrogenic conditions or nosocomial infections

Any person who has suffered harm or who considers him/herself to have suffered harm as a result of a preventive, diagnostic or healthcare activity, or his/her heirs if the person has died, or, where appropriate, his/her legal representative if the person is a minor, must be informed by the professional, health establishment, health services or body concerned of the circumstances and causes of the harm. If the victim is a…

In each region, one or more conciliation and compensation commissions are responsible for facilitating the amicable settlement of disputes relating to medical accidents, iatrogenic conditions and nosocomial infections, as well as other disputes between users and healthcare professionals, healthcare establishments, healthcare services or organisations or producers of healthcare products mentioned in articles L. 1142-1 and L. 1142-2. However, an order by the Minister for Health and the Minister for Social…

The Regional Commissions for Conciliation and Compensation of Medical Accidents, Iatrogenic Diseases and Nosocomial Infections are chaired by a magistrate from the administrative order or a magistrate from the judicial order, in active service or honorary. In particular, they include representatives of patients and users of the healthcare system, healthcare professionals and managers of healthcare establishments and services, as well as members representing the office instituted in article L. 1142-22…

A complaint may be lodged with the Commission by any person who considers himself to be the victim of damage attributable to a preventive, diagnostic or health care activity or, where applicable, by his legal representative in the case of a minor. A claim may also be lodged by the legal successors of a person who has died as a result of a preventive, diagnostic or care activity. If the…

Where the damage suffered is of the serious nature referred to in II of Article L. 1142-1, the Commission will issue an opinion on the circumstances, causes, nature and extent of the damage, and on the applicable compensation scheme. The opinion of the Regional Commission is issued within six months of the referral. It is sent to the person who referred the matter, to all persons involved in the dispute…