Key points
- A medical accident may result from fault, a hospital-acquired infection, or a therapeutic hazard.
- Compensation may sometimes be possible even without medical fault.
- ONIAM may cover certain damages under the principle of national solidarity.
- The medical assessment determines the causes of the harm and evaluates the losses suffered.
- Compensation must cover all the personal and professional consequences of the accident.
- A lawyer helps the victim obtain compensation tailored to their situation.
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:
- d’une erreur médicale
- 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.
Hospital-acquired infection: more favourable compensation rules for victims
An infection acquired while receiving care in a hospital or clinic is subject to specific liability rules: the institution is strictly liable unless it proves an external cause. The victim therefore does not have to establish fault. If the infection results in permanent physical or psychological impairment (AIPP) exceeding 25%, or death, compensation is paid by ONIAM under France’s national solidarity scheme (Article L1142-1-1 of the French Public Health Code).
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.
Where no liability is established, a no-fault medical injury may qualify for compensation from ONIAM under France’s national solidarity scheme (Article L1142-1 of the French Public Health Code). The injury must be directly attributable to a preventive, diagnostic or treatment procedure, and its consequences must be abnormal in relation to the patient’s state of health and its foreseeable progression.
It must also meet one of the severity thresholds set out in Article D1142-1 of the French Public Health Code:
- permanent physical or psychological impairment (AIPP) strictly greater than 24%;
- a temporary inability to work lasting at least six consecutive months, or six non-consecutive months within a twelve-month period;
- temporary functional impairment of at least 50% lasting for the same period.
In exceptional cases, the severity criterion may also be met where the victim is declared permanently unfit to return to their previous occupation, or where the injury causes particularly serious disruption to their living conditions, including financial hardship.
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
Get a free initial estimate of your damages in just a few minutes.
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?
The victim may submit a claim free of charge to the relevant Conciliation and Compensation Commission (CCI). If the claim meets the eligibility requirements for the compensation procedure, the CCI arranges an expert assessment and has six months from receipt of the complete application to issue its opinion. If it finds that the victim is entitled to compensation, the healthcare professional’s or institution’s insurer, or ONIAM depending on the applicable rules, must make an offer within four months of receiving that opinion.
Final compensation depends, in particular, on the point at which the victim’s condition has stabilised and any permanent impairments can be assessed. An interim compensation offer may, however, be made before that point.
Be mindful of the time limit for bringing a claim: liability claims against healthcare professionals or institutions, as well as compensation claims submitted to ONIAM in the cases covered by Article L. 1142-28 of the French Public Health Code, are subject to a ten-year limitation period starting from the date the victim’s condition stabilises. Submitting a claim to the CCI suspends these limitation periods until the procedure ends (Article L. 1142-7 of the same Code).
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.
Legal References and Useful Information
To better understand the rules governing compensation for victims of a medical accident, you may consult the following resources:
- Article L1142-1 of the French Public Health Code — establishes the principles governing compensation for medical accidents, iatrogenic conditions, and hospital-acquired infections, whether fault is involved or not.
- Article L1142-1-1 of the French Public Health Code — provides for compensation through national solidarity for certain serious hospital-acquired infections.
- Article L1142-22 of the French Public Health Code — defines the role and responsibilities of ONIAM in the compensation of medical accidents.
- Service-public.fr — information on the procedure for referring a case to the Medical Accidents Conciliation and Compensation Commission (CCI).
- ONIAM — information on compensation for medical accidents, therapeutic hazards, and hospital-acquired infections.
- Dintilhac Nomenclature — the reference framework used to identify and assess the various heads of compensable loss.
Frequently asked questions about compensation for medical accident victims
What is a medical accident?
A medical accident is harm suffered in connection with a preventive, diagnostic, or medical treatment procedure. It may result from medical negligence, a therapeutic hazard, a hospital-acquired infection, a lack of informed consent, or inappropriate medical care.
Is it necessary to prove medical negligence in order to obtain compensation?
Not always. Compensation may be available in cases of medical negligence, but also in certain no-fault situations, particularly where a serious therapeutic hazard or a hospital-acquired infection is involved. The applicable legal framework depends on the circumstances of the harm and the medical analysis of the case.
How can you tell whether medical negligence has occurred?
The existence of medical negligence is assessed on the basis of the medical records, the circumstances surrounding the medical care provided, and, in most cases, a medical assessment. This assessment makes it possible to determine whether the care provided complied with accepted medical standards and whether the harm suffered is causally linked to the treatment received.
What types of losses can be compensated after a medical accident?
Compensation may cover medical expenses, loss of income, pain and suffering, permanent after-effects, functional impairment, the need for third-party assistance, professional losses, aesthetic damage, as well as the consequences on the victim’s personal and family life.
Why seek legal assistance in a medical accident case?
Medical accident cases require a careful review of medical records, medical reports, certificates, and expert assessments. Legal support helps prepare the necessary steps, identify the applicable compensation scheme, and ensure that all losses suffered are fully and properly assessed.