LexInter | April 26, 2008 | 0 Comments

Expertise procedure in matters of medical accidents

PUBLIC HEALTH CODE
(New Legislative part)

Section 3: Expertise procedure in matters of medical accidents

Article L1142-9

(inserted by Law n ° 2002-303 of March 4, 2002 art. 98 Official Journal of March 5, 2002)   Before issuing the opinion provided for in article L. 1142-8, the regional commission conducts an expertise under the conditions provided for in article L. 1142-12.
The regional commission may obtain communication of any document, including of a medical nature. It can ask the president of the tribunal de grande instance or his delegate to authorize one or more of the experts mentioned in article L. 1142-12 to carry out an autopsy with the aim of investigating the causes of death.
Each party concerned receives a copy of the requests for documents made by the regional commission and of all the documents communicated to the latter.
The expert’s report is attached to the opinion sent under the conditions provided for in Article L. 1142-8.
Article L1142-10
(inserted by Law n ° 2002-303 of March 4, 2002 art. 98 Official Journal of March 5, 2002)   A National Commission for Medical Accidents, placed under the ministers responsible for justice and health, made up of health professionals, representatives of users and qualified persons and whose chairman is appointed by the Minister of Justice and the Minister in charge of health, announces the inclusion of experts on a national list of experts in medical accidents after having carried out an assessment of their knowledge. It is responsible for ensuring the training of these experts in matters of medical liability, under conditions defined by decree.
The National Commission for Medical Accidents is also responsible for establishing recommendations on the conduct of expert appraisals, for ensuring a uniform application of this chapter by the regional commissions established in Article L. 1142-5 and for evaluating the whole. of the system as part of a report submitted each year before October 15 to the Government and Parliament.
The composition and operating rules of the National Commission for Medical Accidents are set by decree of the Council of State.

Article L1142-11

(Law n ° 2002-303 of March 4, 2002 art. 98 Official Journal of March 5, 2002) 
(Law n ° 2004-806 of August 9, 2004 art. 113 II Official Journal of August 11, 2004)   The experts appearing on one of the lists established by article 2 of law n ° 71-498 of June 29, 1971 relating to legal experts may request to be registered on the national list of experts in medical accidents if they can prove that they are qualified. the terms of which, including in particular an assessment of professional knowledge and practices, are set by decree of the Council of State. This registration is valid for five years and can be renewed. Renewal is subject to a new assessment of professional knowledge and practices.
The updated national list is sent each year, on the one hand, to the Council of State, the administrative courts of appeal and to the administrative courts, on the other hand, to the Court of Cassation, the courts of appeal and the courts. of great authority. It is made available to the public in the court offices.
Persons registered on the national list of experts in medical accidents can only state their quality under the name of expert approved by the National Commission for Medical Accidents, and during the time they appear on the list.
The National Commission for Medical Accidents may, on its own initiative, upon request or after the opinion of a regional conciliation and compensation commission, remove from the list an expert in the event of a marked breach of his obligations, or facts contrary to the honor or probity, or if he is no longer able to carry out his activities normally. This cancellation can only be pronounced after the person concerned, who can be assisted by a lawyer, has been called upon to formulate his observations. The removal of an expert from one of the lists established by the Article 2 of the aforementioned law n ° 71-498 of 29 June 1971 automatically results in its removal from the national list of experts in medical accidents. An expert can also be struck off at his request.

Article L1142-12

(Law n ° 2002-303 of March 4, 2002 art. 98 Official Journal of March 5, 2002) 
(Law n ° 2004-806 of August 9, 2004 art. 113 III Official Journal of August 11, 2004)   The regional commission designates for the purposes of expertise a college of experts chosen from the national list of experts in medical accidents, ensuring that these experts meet all the conditions necessary to guarantee their independence from the parties involved. . It may however, when it considers it sufficient, appoint a single expert chosen from the same list.
In the absence of an expert registered on the list of experts in medical accidents competent in the field corresponding to the nature of the damage, it may appoint as a member of the college of experts an expert appearing on one of the lists established by Article 2. of the aforementioned law n ° 71-498 of 29 June 1971 or, exceptionally, an expert chosen from outside these lists.
The regional commission sets the mission of the college of experts or the expert, ensures their acceptance and determines the time limit within which the report must be submitted. When the expertise is collegial, the report is drawn up jointly by the members of the college of experts.
It immediately informs the National Compensation Office set up in Article L. 1142-22 of this mission.
As part of its mission, the panel of experts or the expert may carry out any investigation and ask the parties and third parties to communicate any document without being subject to medical or professional secrecy, in the case of healthcare professionals. health or staff of establishments, health services or other organizations referred to in Article L. 1142-1. Experts who have to know these documents are bound by professional secrecy, under the conditions and under the penalties provided for in articles 226-13 and 226-14 of the penal code.
In the event of failure of the parties to transmit the requested documents, the regional commission may authorize the panel of experts or the expert to submit its report as is. The committee can draw any consequences from the failure to communicate the documents.
The panel of experts or the expert ensures the contradictory nature of the expert appraisal operations, which take place in the presence of the parties or those duly called upon. The latter can be assisted by one or more persons of their choice. The panel of experts or the expert shall take into account the observations of the parties and attach, at their request, all relevant documents to their report. He can take the initiative to seek the opinion of another professional.
The National Compensation Office bears the cost of expert missions, subject to the reimbursement provided for in Articles L. 1142-14 and L. 1142-15.

Article L1142-13

(inserted by Law n ° 2002-303 of March 4, 2002 art. 119 Official Journal of March 5, 2002)   For their application to the local authority of Saint-Pierre-et-Miquelon, the powers devolved by article L. 1142-5 to the regional commission for conciliation and compensation for medical accidents, iatrogenic diseases and nosocomial infections are exercised by the regional commission of Basse-Normandie.

Leave a Comment

Your email address will not be published.


CAPTCHA Image
Reload Image