In this extremely technical field, the advice of an expert doctor will prove very useful before considering the follow-up to be given to your dispute.

The limitation period for medical liability is 10 years from the consolidation of the victim's state of health or death.

The Kouchner law of March 4, 2002 established a specific compensation scheme for victims of medical accidents.

The victim will thus be able in particular to seize the ICC (Commission of conciliation and compensation of the medical accidents) - formerly called CRCI.

Under the terms of articles L1142-1 and D1142-1 of the public health code, only medical accidents meeting certain criteria of seriousness come under the jurisdiction of the CCI, namely:

• Death
• Permanent physical injury greater than 24%
• Temporary stoppage of professional activity - or temporary functional deficit of at least 50% for 6 months (consecutive to no over a period of 12 months)

Exceptionally :

• Professional incapacity
• Particularly serious disturbances in living conditions, including economic ones.

After medical expertise, the CCI will rule (opinion without binding scope) in particular either on the existence of a fault, or on the existence of a therapeutic hazard (= non-faulty medical accident).

> In the event of a therapeutic hazard (= non-culpable medical accident) meeting several cumulative criteria, it is ONIAM (National Office for Compensation for Medical Accidents, Iatrogenic Affections and Nosocomial Infections) which will have to compensate the victim.

> In the event of a culpable medical accident, the victim may apply to the competent court (judicial court or administrative court) against the doctor and / or public hospital or private clinic :

If the ICC accepts the responsibility of the doctor and / or hospital or clinic, the insurer of the responsible must make an offer of compensation to the victim within 4 months. If the victim accepts the offer, payment by the insurer must then be made within 2 months.

In the event that there is no offer from the insurer (or even a derisory offer), the victim may ask ONIAM to take the place of the insurer. However, ONIAM is not obliged to agree to take the place of the defaulting insurer and the victim will then have no choice but to go to court in this case.