French Public Health Code
In forceThe Office national d'indemnisation des accidents médicaux, des affections iatrogènes et des infections nosocomiales (National Office for Compensation for Medical Accidents, Iatrogenic Diseases and Nosocomial Infections) is a public administrative body under the supervision of the Minister for Health. It is responsible for providing compensation on the basis of national solidarity, under the conditions defined in II of article L. 1142-1, in article L. 1142-1-1 and in article L. 1142-17, for damage caused by the occurrence of a medical accident, an iatrogenic condition or a nosocomial infection, as well as any compensation for which it is responsible under articles L. 1142-15, L. 1142-18, L. 1142-24-7 and L. 1142-24-16.
The Office is also responsible for compensating damage directly attributable to compulsory vaccination pursuant to article L. 3111-9, for compensating victims of damage resulting from contamination by the human immunodeficiency virus pursuant to article L. 3122-1, compensation for victims of harm resulting from contamination by the hepatitis B or C virus or the human T-lymphotropic virus caused by a transfusion of blood products or an injection of blood-derived medicinal products in application of article L. 1221-14 and compensation for harm directly attributable to a preventive, diagnostic or care activity carried out in application of measures taken in accordance with articles L. 3131-1, L. 3134-1 and L. 3135-1.
The Office is also responsible, under the conditions defined in sections 4a and 4b of this chapter, for facilitating and, if necessary, amicably settling disputes relating to damage caused by benfluorex and by the prescription of sodium valproate or one of its derivatives during pregnancy.
The obligations of the France-Hypophyse association arising from its role in organising the treatment of patients with extractive growth hormone between 1973 and 1988 are transferred to the Office national d'indemnisation des accidents médicaux, des affections iatrogènes et des infections nosocomiales.
The Office is administered by a Board of Directors, the composition of which is set by decree in the Conseil d'Etat. In addition to its Chairman, half of the Board is made up of representatives of the State and half of qualified individuals, as well as representatives of associations of users of the healthcare system approved under article L. 1114-1, healthcare professionals and establishments, health insurance organisations and the Office's staff.
The Chairman of the Board of Directors and the Director of the Office are appointed by decree.
The Office's employees are governed by the provisions of articles L. 5323-1 to L. 5323-4.
The members of the Board of Directors, the staff of the Office and any other persons who have knowledge of information held by the Office are bound by professional secrecy, under the conditions and subject to the penalties set out in articles 226-13 and 226-14 of the French Penal Code.
