Section 4: Compensation for victims

When the Regional Commission for Conciliation and Compensation of Medical Accidents, Iatrogenic Conditions and Nosocomial Infections considers that a healthcare professional, a healthcare institution, a healthcare service or a body mentioned in article L. 1142-1 or a producer of a healthcare product mentioned in article L. 1142-2, the insurer who guarantees the civil or administrative liability of the person considered liable by the Commission shall, within four months of receipt…

If the insurer remains silent or explicitly refuses to make an offer, or if the person responsible for the damage is not insured or the insurance cover provided for in article L. 1142-2 has been exhausted or has expired, the Office instituted in article L. 1142-22 is substituted for the insurer. In this case, the provisions of article L. 1142-14, relating in particular to the offer of compensation and the…

When the victim has not informed the Regional Commission of the benefits received or to be received from third-party payers other than the social security funds, the third-party payers have a right of recourse against the victim, up to the amount of the compensation that the victim has received from the insurer of the fund set up underarticle L. 426-1 of the Insurance Code or from the office that is…

When the Regional Commission considers that the injury can be compensated under II of article L. 1142-1, or under article L. 1142-1-1, the Office will make an offer of compensation to the victim or those entitled under him/her, within four months of receiving the opinion, with a view to making full reparation for the injury suffered. This offer will indicate the assessment made, where applicable on a provisional basis, for…

When the Regional Commission considers that the worsening of the damage resulting from a nosocomial infection causes the victim to suffer permanent physical or mental harm in excess of the percentage mentioned in 1° of article L. 1142-1-1 or death, the Office will make an offer of compensation to the victim or his heirs under the conditions set out in article L. 1142-17 and will reimburse the insurer for the…

Where the Commission considers that a medical accident is only partly the consequence of preventive, diagnostic or therapeutic acts for which a healthcare professional or institution is liable, it will determine the proportion of the loss attributable to liability and the proportion for which compensation is payable by the Office.

The victim informs the Office of any court proceedings relating to the same facts that may be in progress. If legal action is taken, the victim informs the judge that the matter has been referred to the Office.

The victim, or his heirs, has the right to take legal action against the Office if no offer has been made to him or if he has not accepted the offer made to him. The action for compensation is brought before the competent court according to the nature of the event giving rise to the damage.

I. – When the competent court, seised of a claim for compensation for the harmful consequences of acts of prevention, diagnosis or care in a health care institution, considers that the damage suffered is compensable under II of Article L. 1142-1 or under Article L. 1142-1-1, the Office shall be summoned to the proceedings if it was not initially summoned. It becomes a defendant in the proceedings. When it follows…

The Office national d’indemnisation des accidents médicaux, des affections iatrogènes et des infections nosocomiales (National Office for Compensation for Medical Accidents, Iatrogenic Diseases and Nosocomial Infections) is a public administrative body under the supervision of the Minister for Health. It is responsible for providing compensation on the basis of national solidarity, under the conditions defined in II of article L. 1142-1, in article L. 1142-1-1 and in article L. 1142-17,…