Compensation for Medical Damage

Extract

[...] The compensation commissions are competent for medical accidents, whether they are due to fault or not. In addition to these commissions, the National Office for Compensation for Medical Accidents, Iatrogenic Conditions, and Nosocomial Infections (ONIAM) specializes in this type of medical event. The office is competent in the absence of fault when the harm suffered is linked to an act of prevention, care, or diagnosis that has abnormal consequences in light of the state of scientific knowledge. It is also competent for nosocomial infections contracted after January 1er January 2003 and having caused a permanent impairment rate of 25% to the victim's physical or mental integrity or having resulted in the death of the victim represented by the lawyer making the compensation claim. [...]

[...] Medical liability in its indemnification aspect is similar to civil liability and applies common principles. Thus, the principle of full compensation for the damage also applies in medical matters, it finds its foundation in Article 1240 of the Civil Code7. This principle of full compensation is also provided for in Article 1 of Resolution 75 of the Council of Europe8. In accordance with this principle, the victim of a damage must be compensated for the entirety of this damage without this compensation being able to constitute a impoverishment or enrichment. [...]

[...] 1re nov n° 15-25.348, D 337 - File: Medical liability and compensation for medical accidents, RDSS 2019. 973 - Medical Liability - Orientation Sheet - May 2024 - Dalloz - Resolution 75 on the compensation of damage in the event of bodily injury and death adopted by the Committee of Ministers on 14 March 1975 - Council of Europe: https://rm.coe.int/16804f1a02 - Law No. 2002-303 of 4 March 2002 on the rights of patients and the quality of the healthcare system - Law No. [...]

[...] For the client, the first consultation allows him to explain the judicial process, its duration and the costs that it may imply. This is a moment of pedagogy for the lawyer who must explain to his client the rights to which he may claim, the compensation he may eventually receive as well as the steps that will follow the first consultation. The consultations allow the lawyer to gather as many details and information as possible about the situation of his clients. [...]

[...] It is also possible to refer a medical mediator to carry out amicable procedures. Throughout these procedures, the victim's accompaniment is essential and allows for fairer compensation. The victim's accompaniment The client who is a victim of bodily harm requires multidisciplinary support in order to obtain appropriate compensation and understand the rights to which they are entitled. It is in this role that the lawyer plays a predominant part. Initially, they can refer their client to a competent psychiatrist, as lawyers often have regular healthcare professionals to whom they redirect their clients. [...]