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

The Commission defined in article L. 1142-5 has jurisdiction over a region or regions designated by the order mentioned in the second paragraph of the same article. This order specifies the region in which the Commission has its registered office. However, several commissions may be set up in the same region, by order of the ministers responsible for health, social security and the budget, to take account of the number…

In addition to its chairman, each commission comprises : 1° Three user representatives proposed by associations of users of the healthcare system which have been approved at regional level under the conditions laid down in article L. 1114-1 or which have been approved at national level and have representation at regional level ; 2° For healthcare professionals : – a representative of self-employed healthcare professionals appointed after consultation with the…

Commission members are appointed for a renewable three-year term.

The chairman of the commission and his deputy or deputies are appointed by order of the Minister of Justice. In the case of administrative judges, the appointment is made on the recommendation of the Vice-President of the Conseil d’Etat. The magistrates mentioned above may be seconded to the Office national d’indemnisation des accidents médicaux, des affections iatrogènes et des infections nosocomiales to chair a commission. The secondment is granted for…

The Chairman of the Commission, when he is not seconded to the Office, and, where applicable, his deputy or deputies, receive allowances in recognition of the particular duties to which they are subject. The same applies to the independent mediators provided for in the fourth paragraph of article L. 1142-5. Allowances are paid to other members or their alternates when their participation in Commission meetings results in a loss of…

The Commission meets either as an amicable settlement body or as a conciliation body when convened by its Chairman, who sets the agenda and appoints rapporteurs, either from among the members of the Commission or, if necessary, from among competent civil servants or public officials. It may only deliberate if at least five (1) of its members in office are present. If this is not the case, a new meeting…

The Commission’s secretariat is placed under the functional authority of the Chairman. It is provided by staff seconded by the Office. The Commission adopts internal rules in accordance with standard rules established by order of the Minister for Health, which define the conditions under which it operates. These rules specify the procedures for organising work and preparing opinions, the division of tasks between the Chairman, the Deputy Chairmen, if any,…

Each year, the Commission adopts : -a report on its operation and activities, both as an amicable settlement body and as a conciliation body, which it submits to the Office and, in compliance with the provisions of Articles R. 1142-41-1 and R. 1142-41-2 for nominative information and information relating to personal health data, to the National Medical Accidents Commission; -a report on the expert appraisals carried out by it, which…

The Commission may, by means of a reasoned report, request the National Commission for Medical Accidents to remove from the national list of medical accident experts an expert registered with a Court of Appeal whose registered office is within its jurisdiction. It issues an opinion on a request for the removal of an expert made by the National Commission within a period of two months. The application for disbarment or…