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Article R1142-37 of the French Public Health Code

By way of derogation from 4° of article R. 311-1 of the Code of Administrative Justice, disputes arising from decisions of the National Commission shall be brought before the administrative court within whose jurisdiction the Commission has its registered office.

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Article R1142-38 of the French Public Health Code

The National Commission for Medical Accidents assesses the conditions under which expert assessments are carried out by the commissions referred to in article L. 1142-5 and makes recommendations on the conduct of such medical assessments. It also formulates recommendations, based on an examination of the operation of these commissions, an analysis of the opinions they issue and comparisons of the conditions of access for claimants, in order to achieve the…

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Article R1142-39 of the French Public Health Code

The National Commission may make proposals to the Minister of Justice and the Minister of Health for the improvement and uniform implementation of the system for compensating for the consequences of health risks. It shall inform the commissions mentioned in article L. 1142-5 of these proposals.

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Article R1142-40 of the French Public Health Code

The annual report for which the Commission is responsible pursuant to the second paragraph of article L. 1142-10 is drawn up on the basis of information collected both from the commissions mentioned in article L. 1142-5 and from the Office national d’indemnisation des accidents médicaux, des affections iatrogènes et des infections nosocomiales. This report shows, in particular, the number of out-of-court settlements made and assesses the progress of compensation procedures,…

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Article R1142-41 of the French Public Health Code

For the application of articles R. 1142-38 to R. 1142-40, the Commission may ask the commissions mentioned in article L. 1142-5 and the Office for any information relating to their operation and activity, under the conditions laid down in articles R. 1142-41-1 and R. 1142-41-2 for information which is nominative and relates to personal health data.

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Article R1142-41-1 of the French Public Health Code

The communication to the National Commission for Medical Accidents, in application of article L. 1142-10, of information covered by medical confidentiality shall be the subject of a written and reasoned request from its Chairman or Vice-Chairman in which he shall designate, from among the doctors or, where appropriate, dental surgeons, the member or members to whom this information is to be made accessible and, where the request concerns the access…

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Article R1142-41-2 of the French Public Health Code

The information communicated pursuant to Article R. 1142-41-1 shall be used and stored in a place or on a medium that preserves its confidentiality, under the responsibility of the National Commission. Only medical or, where appropriate, dental surgeon members of the Commission may access this information, under conditions laid down by the Chairman, after consulting the Commission. Under no circumstances may these members use this information for purposes other than…

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