The law, judges, and reparation of the consequences of health risks: Twenty years of application of the provisions of the law of March 4, 2002
Chauvaux, Didier
The law, judges, and reparation of the consequences of health risks: Twenty years of application of the provisions of the law of March 4, 2002 - 2022.
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Law no. 2002-303 of March 4, 2002, modified in some respects the principles of medical and hospital liability as they resulted from the case law of the Court of Cassation and the Council of State. It also instituted a national solidarity-based compensation for victims of serious and abnormal damage not involving the responsibility of any health actor and organized an amicable settlement procedure entrusted to the Conciliation and Compensation Commissions (CCI) and to the National Office for Compensation of Medical Accidents (ONIAM) in order to facilitate compensation by the responsible party or by national solidarity. Called upon to implement these provisions in their respective fields of competence, the judicial and administrative courts, through constant dialogue, have clarified the scope of these provisions on many points and have endeavored to master the complexity linked in particular to the connection between liability schemes and national solidarity (the scope of which has been extended several times since 2002) and to the involvement of ONIAM in litigation procedures.
The law, judges, and reparation of the consequences of health risks: Twenty years of application of the provisions of the law of March 4, 2002 - 2022.
67
Law no. 2002-303 of March 4, 2002, modified in some respects the principles of medical and hospital liability as they resulted from the case law of the Court of Cassation and the Council of State. It also instituted a national solidarity-based compensation for victims of serious and abnormal damage not involving the responsibility of any health actor and organized an amicable settlement procedure entrusted to the Conciliation and Compensation Commissions (CCI) and to the National Office for Compensation of Medical Accidents (ONIAM) in order to facilitate compensation by the responsible party or by national solidarity. Called upon to implement these provisions in their respective fields of competence, the judicial and administrative courts, through constant dialogue, have clarified the scope of these provisions on many points and have endeavored to master the complexity linked in particular to the connection between liability schemes and national solidarity (the scope of which has been extended several times since 2002) and to the involvement of ONIAM in litigation procedures.
Réseaux sociaux