A National Commission for Medical Accidents, attached to the Ministers of Justice and Health, made up of health professionals, user representatives and qualified persons and whose chairman is appointed by the Minister of Justice and the Minister of Health, decides on the inclusion of experts on a national list of medical accident experts after assessing their knowledge. It contributes to the training of these experts in medical liability, under conditions defined by decree.
The National Medical Accidents Commission is also responsible for drawing up recommendations on the conduct of expert appraisals, ensuring that this chapter is applied consistently by the regional commissions set up under article L. 1142-5 and evaluating the system as a whole in a report submitted to the Government and Parliament each year before 15 October. In order to carry out these tasks, the commission shall have access, at its request, to information covered by medical confidentiality under conditions determined by decree in the Conseil d’Etat, so as to preserve the confidentiality of this data with regard to third parties.
The composition and operating rules of the National Medical Accidents Commission are laid down by decree in the Conseil d’Etat.