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Serious problem with a drug, nosocomial infection, medical accident... what are the remedies?
Publié le null - Directorate for Legal and Administrative Information (Prime Minister)
When faced with a medical injury (bodily, moral or material damage resulting from a medical or surgical act), there are several ways to act. Explanations with Service-public.fr.
General procedures
You can:
- refer the matter to the Users' Committee (UCC) ensuring that patients' rights are respected in the event of disputes with a healthcare establishment concerning reception and care;
- refer the matter to the Medical Accident Compensation and Conciliation Commission (CCI) in the case of any medical accident, condition connected with a medicinal product or treatment or in the case of an infection contracted by a patient during his hospitalization;
- conduct group action against a health product (medicinal product, cosmetic product, medical device, etc.) when several persons have suffered similar harm, the procedure then being conducted by an association of users of the health system.
In case of specific damage
In terms of blood transfusion-related contamination (HIV, hepatitis B, etc.), the claim is submitted to the National Office for Compensation for Medical Accidents, Iatrogenic Diseases and Nosocomial Infections (Oniam).
If you have been affected by a problem with a vaccineHowever, there is a compensation procedure through Oniam for compulsory vaccinations.
There are also special devices for certain medicines or products (Mediator, Depakin, PIP breast implants).
I mean, yes the damage is to the operation of a hospital or clinicHowever, victims may also have recourse to the court (either through the administrative judge for a public establishment or through the civil judge for a private establishment).
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