In accordance with the combined provisions of Articles L. 133-1 of the Insurance Code, L. 112-4 of the Mutual Insurance Code, L. 932-39 of the Social Security Code and Articles L. 313-6-1, L. 612-1 and L. 612-39 of the Monetary and Financial Code, breaches of the obligation set out in Article L. 1141-5 of this Code are subject to penalties under the conditions set out in Subsection 1 of Section…
I. – The monitoring and proposals body referred to in 10° of article L. 1141-2-1 shall draw up an information document relating to the provisions of article L. 1141-5 which specifies: 1° The conditions and deadlines within which applicants for insurance are not required to declare their medical history ; 2° The conditions and deadlines within which applicants for insurance may not have their rates increased or their cover excluded;…
The percentage mentioned in the last paragraph of Article L. 1142-1 is set at 24%. A medical accident, an iatrogenic condition or a nosocomial infection which has resulted, for a period of at least six consecutive months or six non-consecutive months over a period of twelve months, in a temporary cessation of professional activities or temporary discomfort constituting a temporary functional deficit equal to or greater than 50% is also…
The scale for assessing the degree of disability of victims of medical accidents, iatrogenic conditions or nosocomial infections referred to in article L. 1142-1 constitutes appendix 11-2 of the present code.
The medical expert called upon to assess the incapacity of the victim of an injury to which the scale does not include a reference informs, in a reasoned opinion, the competent Commission for Conciliation and Compensation of Medical Accidents, Iatrogenic Affections and Nosocomial Infections of the references on the basis of which he carries out this assessment. This information is sent to the National Commission for Medical Accidents as well…
The ceilings mentioned in Article L. 1142-2 may not be less than €8 million per claim and €15 million per insurance year.
The Commission defined in article L. 1142-5 has jurisdiction over a region or regions designated by the order mentioned in the second paragraph of the same article. This order specifies the region in which the Commission has its registered office. However, several commissions may be set up in the same region, by order of the ministers responsible for health, social security and the budget, to take account of the number…
In addition to its chairman, each commission comprises : 1° Three user representatives proposed by associations of users of the healthcare system which have been approved at regional level under the conditions laid down in article L. 1114-1 or which have been approved at national level and have representation at regional level ; 2° For healthcare professionals : – a representative of self-employed healthcare professionals appointed after consultation with the…
Commission members are appointed for a renewable three-year term.
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…
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75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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