Subsection 3: Expertise procedure

When an expert opinion is requested by the president of the college of experts, the expert or experts responsible for carrying it out are chosen, on the basis of their competence in the field or fields concerned, from the national list of medical accident experts mentioned in article L. 1142-10 or one of the lists instituted by article 2 of law no. 71-498 of 29 June 1971 relating to legal…

I.-When the college of experts carries out the assessment itself on the basis of the claim file, the Office will send its report to the parties and, where applicable, to their counsel, to the persons mentioned in the second paragraph of Article L. 1142-24-2 and to their insurers, if any, who will then have a period of fifteen days in which to send it any comments they may have. II…

The Office shall bear the cost of expert assessments, subject to reimbursement by the person(s) liable or their insurers, pursuant to Articles L. 1142-24-6 or L. 1142-24-7.

The opinion of the College provided for in article L. 1142-24-5 specifies, for each head of loss, the circumstances, causes, nature and extent of the damage suffered and its assessment of the liabilities incurred. It also states whether or not the victim’s condition has been consolidated by the date it is issued. The Office will send the opinion by registered letter with acknowledgement of receipt to the claimant, the persons…

In addition to its opinion and the expert report, the college will forward to the insurers and the persons it considers to be liable all the documents provided by the claimant to enable them to make an offer. Medical information is transmitted in compliance with medical confidentiality. The offer referred to in the previous paragraph indicates the amount of compensation proposed for each of the heads of loss specified in…

If the college does not find that there is a functional impairment attributable to benfluorex, the Office will inform the claimant and the persons against whom the proceedings have been brought, as well as their insurers, by registered letter with acknowledgement of receipt.

When the condition of the person who has suffered damage has been consolidated after the date on which the college issued its first opinion, or when new damage attributable to a worsening of the person’s condition requires a new assessment of the damage, this person or his beneficiaries may ask the college of experts to issue a new opinion. The claim is investigated under the conditions set out in articles…