Section 3: Expertise procedure for medical accidents

To examine the application, the Chairman appoints one or more rapporteurs chosen from within or outside the Commission on the basis of their expertise in the fields for which registration is sought. They will examine the application on the basis of the documents provided pursuant to article R. 1142-30-1 and expert reports on personal injury compensation chosen by the applicant from among those he has drawn up in an amicable…

The committee hears the rapporteur(s) appointed to examine the application for inclusion on the list. It may request any information or documents and may hold any useful hearings, including that of the applicant. The external rapporteurs and the alternate members, when they are not sitting in place of their full members, take part, in an advisory capacity, in the Committee’s deliberations on the applications for which they have examined the…

I.- Candidates who have never carried out expert appraisals or whose expert appraisals submitted when applying for inclusion on the list referred to inarticle L. 1142-11 do not allow them to be considered as having sufficient knowledge of medical liability expert appraisal techniques may be included on a probationary basis for a maximum period of two years. During this period, the candidate is assigned to a conciliation and compensation commission….

When the Commission receives an application from an expert to renew his registration, in addition to the conditions mentioned in article R. 1142-30-1, the rapporteur(s) appointed shall check that his knowledge in the field(s) of expertise for which he was registered on the list has been updated and, if he has acquired knowledge in the field of personal injury compensation, verified in accordance with the procedures laid down in article…

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.

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…

The Commission immediately removes from the national list of medical accident experts any experts removed from the lists instituted by article 2 of law no. 71-498 of 29 June 1971 relating to legal experts.

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…

The national commission will inform the commissions mentioned in article L. 1142-5 and the courts mentioned in article L. 1142-11 without delay of the removal of experts from the national list of medical accident experts.

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.