French Business Law - French Legislation

Article R1142-7 of the French Public Health Code

November 6, 2023

The chairman of the commission and his deputy or deputies are appointed by order of the Minister of Justice. In the case of administrative judges, the appointment is made on the recommendation of the Vice-President of the Conseil d’Etat. The magistrates mentioned above may be seconded to the Office national d’indemnisation des accidents médicaux, des affections iatrogènes et des infections nosocomiales to chair a commission. The secondment is granted for…

Article R1142-8 of the French Public Health Code

November 6, 2023

The Chairman of the Commission, when he is not seconded to the Office, and, where applicable, his deputy or deputies, receive allowances in recognition of the particular duties to which they are subject. The same applies to the independent mediators provided for in the fourth paragraph of article L. 1142-5. Allowances are paid to other members or their alternates when their participation in Commission meetings results in a loss of…

Article R1142-9 of the French Public Health Code

November 6, 2023

The Commission meets either as an amicable settlement body or as a conciliation body when convened by its Chairman, who sets the agenda and appoints rapporteurs, either from among the members of the Commission or, if necessary, from among competent civil servants or public officials. It may only deliberate if at least five (1) of its members in office are present. If this is not the case, a new meeting…

Article R1142-10 of the French Public Health Code

November 6, 2023

The Commission’s secretariat is placed under the functional authority of the Chairman. It is provided by staff seconded by the Office. The Commission adopts internal rules in accordance with standard rules established by order of the Minister for Health, which define the conditions under which it operates. These rules specify the procedures for organising work and preparing opinions, the division of tasks between the Chairman, the Deputy Chairmen, if any,…

Article R1142-11 of the French Public Health Code

November 6, 2023

Each year, the Commission adopts : -a report on its operation and activities, both as an amicable settlement body and as a conciliation body, which it submits to the Office and, in compliance with the provisions of Articles R. 1142-41-1 and R. 1142-41-2 for nominative information and information relating to personal health data, to the National Medical Accidents Commission; -a report on the expert appraisals carried out by it, which…

Article R1142-12 of the French Public Health Code

November 6, 2023

The Commission may, by means of a reasoned report, request the National Commission for Medical Accidents to remove from the national list of medical accident experts an expert registered with a Court of Appeal whose registered office is within its jurisdiction. It issues an opinion on a request for the removal of an expert made by the National Commission within a period of two months. The application for disbarment or…

Article R1142-13 of the French Public Health Code

November 6, 2023

A claim for compensation for damage attributable to a preventive, diagnostic or therapeutic procedure or to a research procedure involving the human person shall be submitted to the Commission within whose jurisdiction the procedure in question was performed. This commission remains competent even if, during the investigation of the claim, acts performed within the jurisdiction of other commissions are also likely to be involved in the damage for which the…

Article R1142-14 of the French Public Health Code

November 6, 2023

In order to assess whether the damage suffered is of the serious nature referred to in II of Article L. 1142-1, the Chairman or a Deputy Chairman may submit the supporting documents referred to in Article R. 1142-13 to one or more experts for their observations. The parties concerned shall be informed of the identity and qualifications of the expert(s).

Article R1142-15 of the French Public Health Code

November 6, 2023

If the Chairman or a Deputy Chairman considers, either on the basis of the supporting documents referred to in Article R. 1142-13, or on the basis of the observations of the expert(s) to whom he has submitted these documents pursuant to Article R. 1142-14, or, after the expert appraisal provided for in Article R. 1142-15-2, that the damage suffered is clearly not of the serious nature referred to in II…

Article R1142-15-1 of the French Public Health Code

November 6, 2023

The provisions of articles R. 1142-14 and R. 1142-15 do not apply to claims for compensation for the harmful consequences of an act performed as part of research involving the human person.

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French Public Health Code

Article R1142-7 of the French Public Health Code

Article R1142-8 of the French Public Health Code

Article R1142-9 of the French Public Health Code

Article R1142-10 of the French Public Health Code

Article R1142-11 of the French Public Health Code

Article R1142-12 of the French Public Health Code

Article R1142-13 of the French Public Health Code

Article R1142-14 of the French Public Health Code

Article R1142-15 of the French Public Health Code

Article R1142-15-1 of the French Public Health Code

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French Public Health Code

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