I. – Without prejudice to any actions that may be brought in accordance with ordinary law, full compensation for medical accidents, iatrogenic conditions and nosocomial infections attributable to preventive, diagnostic or therapeutic activities performed within the scope of the provisions of article L. 3135-1 is provided by the Office national d’indemnisation des accidents médicaux, des affections iatrogènes et des infections nosocomiales (National Office for Compensation for Medical Accidents, Iatrogenic Conditions and Nosocomial Infections) referred to in article L. 1142-22.
The offer of compensation made by the Office to the victim or, in the event of death, to his heirs shall indicate the assessment made for each head of loss, notwithstanding the absence of consolidation, and the amount of compensation due to the victim or his heirs, after deduction of the benefits listed inarticle 29 of law no. 85-677 of 5 July 1985 aimed at improving the situation of victims of road accidents and accelerating compensation procedures, and, more generally, benefits and compensation of any kind received or to be received from other debtors for the same head of loss.
Acceptance of the Office’s offer of compensation by the victim constitutes a settlement within the meaning ofarticle 2044 of the Civil Code.
The Office is subrogated, where applicable and up to the amount of the sums it has paid, to the claimant’s rights against the person responsible for the damage or, where applicable, his insurer.
II. – The conditions for the application of this article are laid down by decree in the Conseil d’Etat.