Section 3: Expertise procedure for medical accidents

Before issuing the opinion provided for in Article L. 1142-8, the Regional Commission shall commission an expert opinion under the conditions provided for in Article L. 1142-12. The Regional Commission may obtain any document, including medical documents. It may ask the president of the court or his delegate to authorise one or more of the experts mentioned in article L. 1142-12 to carry out an autopsy in order to investigate…

A National Commission for Medical Accidents, attached to the Ministers of Justice and Health, made up of health professionals, user representatives and qualified persons and whose chairman is appointed by the Minister of Justice and the Minister of Health, decides on the inclusion of experts on a national list of medical accident experts after assessing their knowledge. It contributes to the training of these experts in medical liability, under conditions…

I.-Experts may apply to be included on the national list of medical accident experts if they can prove that they have a qualification that includes an assessment of their knowledge and professional practices. This registration is valid for five years and may be renewed. Renewal is subject to a new assessment of knowledge and professional practice. However, a probationary entry may be made in advance for a limited period. The…

The Regional Commission appoints a panel of experts from the national list of medical accident experts, ensuring that these experts meet all the conditions required to guarantee their independence from the parties involved. It may, however, appoint a single expert from the same list if it considers this sufficient. In the absence of an expert registered on the list of medical accident experts competent in the field corresponding to the…

For their application to the territorial collectivity of Saint-Pierre-et-Miquelon, the powers devolved by article L. 1142-5 to the regional commission for conciliation and compensation of medical accidents, iatrogenic conditions and nosocomial infections are exercised by the regional commission of Basse-Normandie.