Subsection 2: Tasks of the National Medical Accidents Commission

Experts are entered on the list provided for in Article L. 1142-10 for one or more areas of expertise.

Applications for inclusion on the national list of medical accident experts provided for in article L. 1142-10 must be sent to the Chairman of the National Medical Accidents Commission by registered letter with acknowledgement of receipt, together with documentary evidence of the applicant’s qualification to practice medical expertise.

A natural person may only be entered on the list if he meets the following conditions: 1° They must have practised for at least ten consecutive years in the area(s) of expertise for which they are applying for registration; 2° Not to have ceased practising this activity for more than two years prior to the date of the application for registration; 3° For all candidates applying for registration on the…

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.