Are you a victim of a medical accident? During an operation or treatment in a public hospital, a private clinic or in the office of health professional :
Mattheva helps you to prepare your document until the obtaining of your final compensation.
A medical accident means an undesirable event occurring during an act of care, prevention or diagnosis.
This medical error results in damage with regard to the foreseeable evolution of your state of health.
The so-called “Kouchner” law of March 4, 2002 established a system which allows victims of medical accidents after September 2001, or their dependents, to obtain compensation for the damage, under certain conditions.
If the medical responsibility always requires, for its implementation, the demonstration of a fault of the practitioner or the establishment of care. However, victims of medical accidents or nosocomial infections, when they have a certain PPI rate, can now obtain compensation in the absence of any responsibility from the practitioner or the establishment.
Compensation conditions in the case of medical malpractice absence
Recent laws allow victims to be compensated in the absence of any medical fault under two conditions :
The date of the medical act that caused the accident must be after 04/09/2001
- The damage must be greater than a severity threshold (fixed by decree) :
- A PPI rate higher than 24%
- or a period of temporary incapacity for work greater than 6 consecutive months or 6 non-consecutive months over a period of 12 months
- or a partial temporary gene of 50% for at least 6 months
- or the person is declared permanently unfit to perform his professional activity
- or the accident causes particularly serious disturbances in the conditions of existence
The compensation process
If there is a fault on the part of the practitioner or the healthcare establishment, the procedure has not changed.
It is up to the insurer to take charge of the claim either within the framework of a transaction, or within the framework of a trial before the TGI, for a liberal doctor or a private healthcare establishment, or within the framework of a trial before the administrative court for a hospital.
If there is no medical fault, that is means nosocomial infection bringing together the characters of gravity mentioned above then the Regional Commission for Conciliation and Compensation (CRCI) or / and the National Office of Compensation for Medical Acts (ONIAM) will be contacted for an offer of compensation.
Mattheva supports you in this labyrinth of procedures to defend your interests at every step.