Procedure After a Medical Error
- France Bedois
- Apr 15
- 4 min read
When a medical error occurs, it can have serious consequences on the patient’s health and daily life. Whether it’s a medical fault, an act that does not comply with the established scientific data, or a simple medical accident, it’s essential to understand the steps to take to seek compensation. The goal is to assess responsibilities, initiate a judicial or amicable procedure, and ensure compensation suited to the damages suffered.
Understanding the Nature of the Medical Error and Its Consequences
A medical act may sometimes lead to bodily harm, even when the healthcare professional has followed the current recommendations. There are three main types of errors:
Medical fault: It occurs when a doctor, surgeon, or other healthcare professional commits negligence, recklessness, or a misjudgment that causes harm to the patient.
Non-fault medical accident: This refers to an unpredictable complication related to the medical act itself, with no fault that can be proven.
Nosocomial infection: Contracted during a stay in a healthcare institution, it can also be subject to compensation if it has caused severe harm.
The first step is to obtain a clear analysis of the situation. It is essential to retrieve your medical file from the concerned doctor or hospital to understand what happened and gather the necessary evidence.
Procedure After a Medical Error: Amicable Procedures
Before starting a judicial procedure, it’s often recommended to prioritize amicable procedures to reach an agreement with the concerned parties.
Filing with the Regional Conciliation and Compensation Commission (CRCI): Regional conciliation commissions are tasked with facilitating communication between the patient and the healthcare professional or institution involved. This procedure is free of charge and provides an independent evaluation of the facts.
Mediation with the healthcare institution: Some healthcare institutions have dedicated departments for patient relations. Contacting this service may provide detailed explanations and, in some cases, direct compensation without going through a judicial court.
Requesting a medical expert report: A medical expert can be called upon to examine the medical file and determine if the medical act was in line with accepted practices. This expert report is a key element for the following steps in the procedure after a medical error.
If the amicable procedure does not work or if the compensation offered is insufficient, it is possible to approach the court.
Compensation for a Medical Error: What Are the Options?
The patient who has been a victim of a medical error can obtain compensation depending on the situation:
Compensation by ONIAM (National Office for the Compensation of Medical Accidents): This scheme primarily applies when the medical accident is not related to the fault of the practitioner, but has led to serious harm.
Compensation by the healthcare professional’s insurance: If a medical fault is recognized, the responsibility of the doctor or institution can be engaged. The civil liability insurance will then cover the compensation.
Compensation via legal action: When the amicable routes don’t suffice, it is possible to initiate a judicial procedure to obtain compensation for the harm suffered.
Compensations may cover various forms of bodily harm:
Medical and rehabilitation expenses.
Permanent functional deficit (partial or total incapacity).
Aesthetic damage (related to scars, physical deformity, etc.).
Sufferings endured and impacts on quality of life.
Loss of professional income.
Filing with the Court: How to Take Legal Action?
When amicable procedures do not provide satisfactory compensation, you can approach the court to have the medical fault recognized and claim compensation.
1. Prepare Your File
Before filing a legal action, it’s important to prepare a solid file with the help of a specialized lawyer in medical law. This file must include:
• The complete medical file.
• Expert reports.
• Witness testimonies or attestations.
• Letters exchanged with the hospital or healthcare professional.
2. Choose the Competent Court
Depending on the circumstances, different courts may be approached:
• The administrative court: If the medical error occurred in a public hospital.
• The judicial court: For private healthcare institutions and doctors working independently.
An acknowledgment of receipt will be sent to the plaintiff once their case is taken over by the competent court.
3. Judicial Medical Expertise
Once the case is underway, the judge will appoint a medical expert to produce an independent expert report and assess responsibilities. This report plays a key role in the final decision of the court.
Why Consult a Lawyer in the Case of a Medical Error?
Carrying out a procedure after a medical error can be complex and requires specialized legal expertise. A lawyer specializing in medical errors helps to:
• Analyze the viability of the case before initiating a procedure.
• Optimize the defense strategy by choosing the best route (conciliation, compensation via ONIAM, or judicial action).
• Support the patient in their administrative and medical procedures.
Each situation is unique, and personalized assistance significantly increases the chances of obtaining appropriate compensation for the bodily harm suffered.
In Conclusion: Defending Your Rights After a Medical Error
In the case of a medical error, several steps are available to obtain recognition and compensation. Whether through an amicable procedure (conciliation, mediation, ONIAM) or by filing with the court, it is essential to be well-informed and supported.
If you are concerned, don’t face this situation alone: consult a legal professional and assert your rights.
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