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In the French healthcare system, renowned for its excellence, thousands of patients are victims of medical errors each year. According to data from the French Directorate General for Healthcare Provision (DGOS), it is estimated that between 40,000 and 80,000 serious adverse events related to healthcare occur annually in French healthcare facilities, a significant proportion of which are preventable.<\/p>\n
These errors can occur at various stages of the care pathway: during initial diagnosis, during treatment administration, during surgery, or even during post-operative follow-up. Their consequences range from no significant harm to permanent after-effects or even death of the patient.<\/p>\n
Faced with this reality, the French law<\/a> offers avenues of redress for victims. However, the path to compensation is often complex, fraught with technical and psychological obstacles. This article will explore the different facets of medical errors, understand how they are legally classified, and discover the procedures essential to assert your rights<\/a>.<\/p>\n Medical errors can take many forms. Here are the most common categories encountered in compensation proceedings:<\/p>\n They represent approximately<\/a> 25% medical errors and may include:<\/p>\n A diagnostic error becomes culpable when a normally competent doctor, placed in the same circumstances, should have made the correct diagnosis. The difficulty often lies in distinguishing between a non-culpable error (related to the limits of medical science) and gross negligence.<\/p>\n They concern the choice or administration of treatment:<\/p>\n These errors can occur both in hospitals and in general practice, and involve the responsibility of the prescribing doctor but also, in certain cases, that of the pharmacist or nursing staff.<\/p>\n Particularly traumatic, they include:<\/p>\n The surgical world has gradually introduced verification procedures (pre-operative checklists, \u201ctime out\u201d before incision) to reduce these incidents, but they unfortunately persist.<\/p>\n Although less visible, these failures constitute violations of patients' rights and may justify compensation:<\/p>\n Article L. 1111-2 of the Public Health Code imposes on healthcare professionals an obligation to provide clear, fair, and appropriate information. Failure to comply with this obligation incurs liability, even in the absence of physical harm.<\/p>\n To understand how to establish an error<\/a> medical, it is essential to master the legal foundations which govern the responsibility of healthcare professionals and establishments.<\/p>\n Depending on the context, several regimes may apply:<\/p>\n In the public sector (public hospitals):<\/strong><\/p>\n In the private sector:<\/strong><\/p>\n This law has profoundly transformed the legal landscape of medical liability by:<\/p>\n To be legally qualified, a medical error must combine several elements:<\/p>\n Case law has clarified that the doctor is bound by an obligation of means (to use all the means at his disposal) and not of results, except in certain specific areas such as biological analyses or sterilization.<\/p>\n When faced with the suspicion of medical error, a methodical approach is required to preserve your rights and optimize your chances of obtaining compensation.<\/p>\n The medical record is the cornerstone of any medical malpractice action. You must:<\/p>\n The law guarantees you access to your medical records within 8 days for recent information (less than 5 years old) and 2 months for older information. Don't hesitate to send your request by registered letter with acknowledgment of receipt.<\/p>\n To objectively assess the situation, it is crucial to:<\/p>\n This independent opinion will allow you to confirm or deny your suspicions of medical error, and guide you towards the most appropriate approach for your situation.<\/p>\n Before any contentious procedure, try an amicable approach:<\/p>\n This step sometimes makes it possible to resolve the dispute without proceedings, to obtain technical explanations, or even an acknowledgment of the error which will facilitate subsequent compensation.<\/p>\n If direct dialogue fails, several instances can help you:<\/p>\n Referring the matter to the CCI has the advantage of suspending limitation periods, giving you time to consider legal action if necessary.<\/p>\n This step, often decisive, should not be neglected. lawyer<\/a> specialized will be able to:<\/p>\n Contrary to popular belief, consult a lawyer<\/a> does not necessarily mean initiating a lawsuit. On the contrary, its expertise often makes it possible to obtain satisfactory amicable compensation, avoiding the pitfalls of poorly initiated proceedings.<\/p>\n The complexity of medical law and the imbalance of power between an isolated victim and professionals represented by their insurers fully justify this support. In addition, some legal protection insurance<\/a> cover attorney fees in this type of dispute.<\/p>\n One of the main difficulties in medical malpractice cases is establishing the evidence.<\/p>\n In principle, it is up to the patient to provide proof of medical negligence (Article 1353 of the Civil Code). However, case law and the legislature have modified this rule in certain cases:<\/p>\n Forensic medical expertise often constitutes the decisive moment in a medical error procedure:<\/p>\n The quality of the expertise determines generally<\/a> the outcome of the procedure. This is why it is essential to be accompanied by a lawyer<\/a> and ideally a medical advisor during expert assessment operations.<\/p>\n Any medical liability action must respect strict deadlines:<\/p>\n These deadlines may be suspended or interrupted in certain circumstances (minority, referral to a CCI), but their compliance remains a fundamental condition for the admissibility of your action.<\/p>\n The ultimate goal of any action following a medical error is to obtain full compensation for the damages suffered.<\/p>\n French law recognizes numerous types of damage, grouped under the Dintilhac nomenclature:<\/p>\n Financial losses:<\/strong><\/p>\n Non-pecuniary damages:<\/strong><\/p>\n There are several avenues for compensation that can be taken:<\/p>\n Compensation may take the form of a lump sum payment or, for the most serious damages, a life annuity supplemented by an initial lump sum.<\/p>\n Compensation for bodily injury also involves taking into account the remedies exercised by:<\/p>\n These appeals, governed by Article L. 376-1 of the Code of social security<\/a>, are exercised item by item and only on financial damages, but can significantly reduce the net compensation received by the victim.<\/p>\n Medical errors, long taboo in our healthcare system, are now receiving increasing attention from both public authorities and professionals themselves. Preventing serious adverse events, ensuring transparency about incidents, and ensuring fair compensation for victims are major areas for improving our healthcare system.<\/p>\n For patients facing medical error, the path to compensation remains complex, but existing legal mechanisms, when properly utilized, make it possible to obtain fair compensation. Beyond the financial aspect, these approaches also contribute to improving medical practices and preventing future incidents.<\/p>\n Faced with this painful situation, do not hesitate to surround yourself with competent professionals \u2013 independent doctors, patient associations and specialist lawyers \u2013 to guide you<\/a> and support you in this often trying but necessary journey for your reconstruction.<\/p>\n [\/et_pb_text][et_pb_button button_url= \u00bbhttps:\/\/calendly.com\/maitre-zakine \u00bb button_text= \u00bb1st Consultation: 30Minutes 45\u20ac \u00bb button_alignment= \u00bbcenter \u00bb _builder_version= \u00bb4.23\u2033 _module_preset= \u00bb_initial \u00bb global_colors_info= \u00bb{} \u00bb button_text_color__hover_enabled= \u00bbon|desktop \u00bb][\/et_pb_button][\/et_pb_column][\/et_pb_row][\/et_pb_section]<\/p>\n\n\nI. Typology of the most frequent medical errors<\/h2>\n
1. Diagnostic errors<\/h3>\n
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2. Therapeutic errors<\/h3>\n
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3. Surgical errors<\/h3>\n
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4. Failure to provide information and consent<\/h3>\n
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II. The legal framework of medical liability in France<\/h2>\n
1. The different liability regimes<\/h3>\n
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2. Major legislative development: the Kouchner law of March 4, 2002<\/h3>\n
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3. Key concepts for qualifying a medical error<\/h3>\n
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III. The 5 essential steps to deal with a medical error<\/h2>\n
1. Create a complete and chronological medical file<\/h3>\n
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2. Seek independent medical advice<\/h3>\n
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3. Engage in dialogue with the professional or establishment concerned<\/h3>\n
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4. Refer the matter to the conciliation and compensation bodies<\/h3>\n
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5. Consult a lawyer specializing in personal injury law and medical liability<\/h3>\n
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IV. Specificities of proof in matters of medical error<\/h2>\n
1. The burden of proof and its adjustments<\/h3>\n
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2. The crucial role of medical expertise<\/h3>\n
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3. The limitation periods that must be strictly observed<\/h3>\n
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V. Compensation for damages related to medical error<\/h2>\n
1. The various items of compensable damages<\/h3>\n
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2. Terms of compensation<\/h3>\n
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3. The appeals of social organizations to anticipate<\/h3>\n
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Conclusion: towards better consideration of medical errors<\/h2>\n