Section 1: Compensation for damage resulting from the implementation of health measures mentioned in articles L. 3131-1, L. 3134-1 and L. 3135-1

I. – Claims for compensation under the out-of-court procedure provided for in articles L. 3131-4 and L. 3135-3 in respect of the losses defined in the same articles shall be addressed to the Office national d’indemnisation des accidents médicaux, des affections iatrogènes et des infections nosocomiales mentioned in article L. 1142-22 . They shall include the justification for the damage and shall be accompanied by evidence that the act causing…

The provisions of this section also apply in the event of aggravation of a loss referred to in the first paragraph of articles L. 3131-4 and L. 3135-3.

If the Office remains silent for a period of six months from the date of receipt of the complete application, an implicit rejection decision will be issued.

If the procedure was carried out as part of measures taken in application of articles L. 3131-1 , L. 3134-1 or L. 3135-1, the director of the Office will, if necessary, arrange for an expert appraisal to be carried out, where appropriate by a panel of experts, in order to assess the extent of the damage and determine whether it is attributable. The doctor or doctors responsible for carrying out…

The Office will bear the cost of expert assessments, subject to reimbursement due in respect of the subrogation actions provided for in articles L. 3131-4 and L. 3135-3.

I. – The Office shall decide : 1° Whether the act in question was performed within the scope of articles L. 3131-1, L. 3134-1 or L. 3135-1 ; 2° On the existence of a causal link between the harm suffered by the victim and the act of prevention, diagnosis or care carried out in application of measures taken under the provisions of articles L. 3131-1, L. 3134-1 or L. 3135-1…

In the event of acceptance, the Director of the Office will present the claimant with the offer of compensation determined in accordance with the conditions set out in articles L. 3131-4 or L. 3135-3 within six months of the date on which he/she received a complete file. The claimant shall inform the Office, by registered letter with acknowledgement of receipt, whether or not he accepts the offer of compensation made…

Payment is made within one month of the Office receiving the claimant’s acceptance of its offer, whether the offer is partial, provisional or final.