A complication following a procedure, a medical error, or a hospital-acquired infection can lead to significant consequences: after-effects, persistent pain, loss of income, or disability.
In this context, personal injury compensation makes it possible to cover all the losses suffered.
Attorney Marilyne Letessier, a personal injury lawyer in Nice, assists victims of medical accidents in obtaining compensation that is truly tailored to their situation.
What is a medical accident?
A medical accident refers to harm that occurs during a preventive, diagnostic, or therapeutic act.
In practice, this may include:
- a medical error
- a therapeutic hazard
- a hospital-acquired infection
- an abnormal complication
Thus, even in the absence of fault, compensation may still be possible in certain situations.
Can you receive compensation without medical fault?
Yes, you can obtain compensation even without fault.
Indeed, French law provides for compensation under the principle of national solidarity in certain cases.
In this context, organizations such as ONIAM may intervene when the harm reaches a certain level of severity.
What types of damages can be compensated?
Compensation covers all the consequences of the medical accident.
For example, it includes:
- Physical and psychological suffering
- Functional impairment
- Loss of income
- Professional impact
- Need for assistance
- Medical and future expenses
- Aesthetic damage:
- Loss of enjoyment
The medical assessment: an essential step
The medical assessment makes it possible to analyze the causes of the harm and evaluate the damages.
It is therefore a decisive stage of the case.
However, a poorly prepared assessment can lead to insufficient compensation.
This is why appropriate support helps to effectively defend the victim’s interests.
The medical assessment is a key step in the compensation process.
Learn more about the medical assessment
What are the timeframes for compensation?
Timeframes vary depending on the complexity of the case.
First, a medical assessment is carried out.
Then, a compensation offer may be made.
In practice, the duration depends on the medical progression and the severity of the after-effects.
To understand the entire process, visit our dedicated page on personal injury compensation.
Medical accident lawyer in Nice and the Alpes-Maritimes
Based in Nice, Attorney Marilyne Letessier assists victims in the Alpes-Maritimes, across the PACA region, and throughout France.
Frequently asked questions about compensation for medical accident victims
What is a therapeutic hazard?
A therapeutic hazard refers to a medical accident that occurs without any fault on the part of the practitioner.
However, the victim may still be compensated if the harm reaches a certain level of severity.
Who compensates a medical accident?
Depending on the case, compensation may be covered by an insurer or by a public body.
Indeed, ONIAM may intervene when certain conditions are met.
Is it necessary to prove fault?
No, fault is not always required.
Thus, some medical accidents give rise to compensation even without liability on the part of the healthcare professional.
How much compensation can you receive after an accident?
The amount depends on many factors: severity, after-effects, age, and impact on daily life.
In practice, only a precise assessment makes it possible to determine appropriate compensation.