French Public Health Code
In forceWhen the Regional Commission considers that the injury can be compensated under II of article
L. 1142-1, or under article L. 1142-1-1, the Office will make an offer of compensation to the victim or those entitled under him/her, within four months of receiving the opinion, with a view to making full reparation for the injury suffered.
This offer will indicate the assessment made, where applicable on a provisional basis, for each head of loss as well as the amount of compensation due to the victim or his heirs, after deduction of the benefits listed in
article 29 of the aforementioned law no. 85-677 of 5 July 1985and, more generally, compensation of any kind received or to be received from other debtors for the same loss.
Where the offer provides for the payment of an annuity to the victim, this annuity is revalued under the conditions set out in
article L. 351-11 of the Social Security Code.
The offer is provisional if the Office has not been informed of the consolidation of the victim's condition. The final offer must be made within two months of the date on which the Office was informed of this consolidation.
Acceptance of the Office's offer constitutes a settlement within the meaning of
article 2044 of the Civil Code.
Payment must be made within one month of the Office receiving the victim's acceptance of its offer, whether this offer is provisional or final.
If the Office, which has reached a settlement with the victim, considers that a professional, establishment, service, organisation or producer of health products mentioned in the first paragraph of article
L. 1142-14is liable, it has a subrogatory action against the said professional, establishment, service, organisation or producer. This subrogatory action may not be exercised by the Office when the damage is compensated under article L. 1142-1-1, except in the event of proven fault on the part of the insured party causing the damage, in particular a clear breach of the obligations laid down by the regulations on combating nosocomial infections.
