French Business Law - French Legislation

Article R1142-15-2 of the French Public Health Code

November 6, 2023

When the Commission considers that the damage suffered is of the serious nature provided for in II of Article L. 1142-1 or when it receives a claim for compensation for the harmful consequences of an act performed in the context of research involving the human person, the Chairman or a Deputy Chairman appoints a panel of experts for expert appraisal, chosen under the conditions provided for in Article L. 1142-12,…

Article R1142-16 of the French Public Health Code

November 6, 2023

In the case provided for in Article R. 1142-15-2, the parties concerned and the insurers of the parties implicated are notified by registered letter with acknowledgement of receipt of the date on which the commission is to meet in order to give the opinion provided for in Article L. 1142-8. The expert report shall be sent to them before the committee meets. At any time, the parties shall be informed,…

Article R1142-17 of the French Public Health Code

November 6, 2023

The notice is sent by registered letter with acknowledgement of receipt to the claimant, to the Office and to the professional, the establishment, the centre, the health organisation, the producer, the operator or the distributor of health products or the promoter of biomedical research whose liability has been called into question by the claimant and to his insurer. When the notice indicates that several persons are liable for the damage,…

Article R1142-18 of the French Public Health Code

November 6, 2023

When the condition of the person who has suffered damage has been consolidated after the date on which the Commission issued its first opinion, or when new damage attributable to a worsening of the person’s condition requires a new assessment of the damage, a new expert report may be drawn up, either at the Commission’s initiative or at the person’s request, so that a new offer of compensation can be…

Article R1142-19 of the French Public Health Code

November 6, 2023

The conciliation commission examines : 1° Disputes relating to the rights of patients and users of the healthcare system involving a healthcare professional or establishment within its jurisdiction; 2° Requests relating to disputes or difficulties arising from an act of prevention, diagnosis or care, or carried out as part of biomedical research, performed within its jurisdiction.

Article R1142-20 of the French Public Health Code

November 6, 2023

The matter is referred to the Commission by registered letter with acknowledgement of receipt. The request for conciliation must state the name and address of the applicant, the name and address of the professional, establishment, health centre or service, the producer, operator or distributor of health products or the promoter of biomedical research involved, as well as the subject of the dispute.

Article R1142-21 of the French Public Health Code

November 6, 2023

If this is conducive to resolving the dispute and with the agreement of the claimant, the chairman of the commission may withdraw the request for conciliation and forward it either to the relevant commission for user relations and quality of care, or to the regional interprofessional assembly provided for in article L. 4393-2, or to the relevant departmental council of the national order of doctors, dental surgeons or midwives, or,…

Article R1142-22 of the French Public Health Code

November 6, 2023

The Commission hears the parties involved in the dispute and endeavours to reconcile them. In the event of total or partial conciliation, it records the conciliation, the terms of which are set out in a conciliation document. This document also sets out the points of disagreement that remain in the event of partial conciliation. It is signed by the parties concerned and by the Chairman of the Commission or his…

Article R1142-23 of the French Public Health Code

November 6, 2023

The Commission may delegate conciliation to one of its members or to one or more independent mediators who, by virtue of their qualifications and experience, offer guarantees of competence and independence. The persons mentioned in the previous paragraph conduct the conciliation under the conditions and in the form set out in Article R. 1142-22. In the event of total or partial conciliation, they personally sign the conciliation document, a copy…

Article R1142-24 of the French Public Health Code

November 6, 2023

The National Commission for Medical Accidents, set up by article L. 1142-10, is made up of the following members: 1° Four professional health experts appearing on one of the lists drawn up by the Cour de Cassation and the Courts of Appeal in application of article 2 of law no. 71-498 of 29 June 1971 relating to legal experts: a) Two practising in a liberal capacity, proposed by the Centre…

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French Public Health Code

Article R1142-15-2 of the French Public Health Code

Article R1142-16 of the French Public Health Code

Article R1142-17 of the French Public Health Code

Article R1142-18 of the French Public Health Code

Article R1142-19 of the French Public Health Code

Article R1142-20 of the French Public Health Code

Article R1142-21 of the French Public Health Code

Article R1142-22 of the French Public Health Code

Article R1142-23 of the French Public Health Code

Article R1142-24 of the French Public Health Code

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French Public Health Code

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