Key point: every case depends on its facts, supporting documents and applicable time limits. An individual assessment is needed before taking action.
A medical accident does not always mean medical negligence
A complication may result from negligence, a therapeutic risk, a hospital-acquired infection or the progression of a disease. Classification requires medical and legal analysis; failure to achieve the expected outcome does not automatically establish fault.
The first step is to reconstruct the course of treatment: consultations, examinations, information received, the procedure, complications, subsequent treatment and current consequences.
Obtaining and organising medical records
Ask the healthcare professional or institution for a complete copy of the medical records. Arrange reports, imaging results, prescriptions, anaesthesia records, letters, invoices and sick-leave records chronologically.
Alongside these, write a personal chronology of symptoms, treatment received and the effects on daily life. This does not replace medical documents, but helps explain the case.
Applying to the conciliation and compensation commission
Under certain conditions, a victim of a medical accident, an iatrogenic condition or a hospital-acquired infection may apply to the medical accident conciliation and compensation commission, the CCI. The procedure is amicable and free of charge, but eligibility criteria, particularly severity, must be examined.
The CCI may arrange an expert assessment and issue an opinion on the circumstances, possible liability and losses. Depending on the case, the offer may be made by the insurer or through national solidarity via ONIAM.
Assessing the losses
Healthcare expenses, lost income, assistance needs, pain and suffering and lasting effects must be supported by evidence. Where the condition has not stabilised, a final assessment may be premature.
The firm assists patients and their relatives in medical liability matters governed by French law, particularly in Nice, the Alpes-Maritimes and Aix-en-Provence.
Book a consultation
Are you facing a situation governed by French law? Mihaela Cengher Law Office can review the facts, available documents and suitable remedies. Contact the firm to arrange a consultation.