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Public hospital liability

Compensation for nosocomial infections

A nosocomial infection is one that occurs during the course of a patient’s medical care. To be considered nosocomial, the infection must have been contracted at least 48 hours after admission or initiation of treatment.

 

According to INSERM, one in twenty patients is affected — that’s approximately 750,000 infections per year, resulting in around 4,000 deaths.

 

There is a presumption of liability placed on healthcare institutions. However, in the case of a private practitioner, the law requires proof of fault. An expert assessment will be conducted to determine whether the infection is nosocomial and to evaluate the resulting damages.

 

Compensation will be paid by the healthcare facility if the permanent impairment to physical or mental integrity (AIPP) is less than 25%. If the impairment exceeds 25%, compensation will be provided by the national solidarity system (Office National d’Indemnisation des Accidents Médicaux – ONIAM).

 

In cases where the nosocomial infection occurs during hospitalization following an accident, case law has recognized that the party responsible for the initial accident — without which hospitalization would not have taken place — must also bear responsibility for the consequences of the infection. For example, the Court of Appeal of Aix-en-Provence ruled on July 2, 2015, that a syndicate was liable for a nosocomial infection contracted during hospitalization following an accident that occurred on premises under the syndicate’s responsibility. Similarly, on November 20, 2014, the court found responsibility for a nosocomial infection acquired during hospitalization after a traffic accident.

 

Our firm supports and defends you in matters related to nosocomial infection liability, ensuring you receive optimal compensation.

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