French Business Law - French Legislation

Article R1142-63-26 of the French Public Health Code

November 5, 2023

Any natural or legal person in possession of information likely to enlighten the College about claims submitted to the Office is required, at the request of the latter, to transmit this information to it in application of the first paragraph of article L. 1142-24-11. Information covered by medical confidentiality may only be transmitted by a doctor. The College communicates medical information to the applicant via one of the Office’s doctors.

Article R1142-63-27 of the French Public Health Code

November 5, 2023

The Chairman of the Board may order any additional expert opinion that he deems useful. He shall inform the claimant, who may be assisted by any person of his choice.

Article R1142-63-28 of the French Public Health Code

November 5, 2023

Any experts appointed by the Chairman of the College shall send their draft report to the claimant and, where applicable, to the claimant’s counsel, who shall have a period of fifteen days in which to submit their observations. Within two months of their appointment, the experts will send the College their expert report, including their response to any comments.

Article R1142-63-29 of the French Public Health Code

November 5, 2023

The Office covers the cost of expert assessments. Within the limit of their respective share of liability, it shall request reimbursement from the persons considered liable other than the State or their insurers, in application of articles L. 1142-24-16 or L. 1142-24-17.

Article R1142-63-30 of the French Public Health Code

November 5, 2023

I. -In its opinion provided for in article L. 1142-24-12, the College shall rule on whether the damage is attributable to the prescription of sodium valproate or one of its derivatives during pregnancy and on the liabilities incurred. For each head of loss, it specifies the circumstances, causes, nature and extent of the damage attributable. The parties involved must inform the Office without delay of the name of the insurer…

Article R1142-63-31 of the French Public Health Code

November 5, 2023

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

Article R1142-63-32 of the French Public Health Code

November 5, 2023

I.-Where the College finds that there is no liability, it shall inform the claimant and the persons against whom the proceedings have been brought, as well as their insurers, by any means that ensures that the date of receipt of this information is certain. II -When the College considers that the conditions set out in II of article L. 1142-24-16 have been met, it informs the claimant that the Office…

Article R1142-63-33 of the French Public Health Code

November 5, 2023

When the condition of the person who has suffered damage is consolidated after the date on which the college issued its first opinion, or when new damage resulting from a worsening of the person’s state of health attributable to sodium valproate or one of its derivatives requires a new assessment of the damage, this person or his successors may ask the college of experts to issue a new opinion. The…

Article R1142-63-34 of the French Public Health Code

November 5, 2023

If, at the end of the period provided for in the last paragraph of Article R. 1142-63-30, the persons considered liable by the College or their insurers have not made an offer of compensation to the claimant, or if they have explicitly refused to make an offer, or if the claimant considers that the offer made to him is manifestly insufficient in the light of the opinion issued by the…

Article D1142-64 of the French Public Health Code

November 5, 2023

The Medical Risks Observatory has nineteen members: 1° The President of the Haute Autorité de Santé (Health Authority) referred to in Article L. 161-37 of the Social Security Code; 2° The Director of the Agence nationale de santé publique ; 3° The Director General of the Union nationale des caisses d’assurance maladie ; 4° The director of the Office national d’indemnisation des accidents médicaux, des affections iatrogènes et des infections…

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French Public Health Code

Article R1142-63-26 of the French Public Health Code

Article R1142-63-27 of the French Public Health Code

Article R1142-63-28 of the French Public Health Code

Article R1142-63-29 of the French Public Health Code

Article R1142-63-30 of the French Public Health Code

Article R1142-63-31 of the French Public Health Code

Article R1142-63-32 of the French Public Health Code

Article R1142-63-33 of the French Public Health Code

Article R1142-63-34 of the French Public Health Code

Article D1142-64 of the French Public Health Code

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French Public Health Code

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