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Public law

30/ Jun

Legal news

Public law

Conditions for compensation by the State for a nosocomial infection (Ministerial Order no. 2023-384 of 27 June 2023)

Ministerial Order no. 2023-384 of 27 June 2023 implementing article 7 of Law no. 1.541 of 16 December 2022 sets out the terms and conditions for state compensation for nosocomial infections:

Documents to be attached to the claim (on pain of inadmissibility), which may be sent to the Minister of State by registered letter (LRAR), or electronically with acknowledgement of registration via a teleservice accessible for this purpose, or by deposit against receipt.

If the person has died as a result of a nosocomial infection, the claim must be made within one year of the person's death if this occurs after the date on which the court decision became irrevocable, or from the latter date if the death occurred before that date.

— In all cases, compensation is awarded or refused by a decision of the Minister of State after consultation with the Commission d'indemnisation des infections nosocomiales, whose composition, duties and operation are set by Ministerial Decree no. 2023-384.

— The maximum amount of compensation that may be awarded is set at €800,000.

The amount of compensation is equal to the sum of the losses attributed to the nosocomial infection, less the amount of sums received or that may be received by the claimant by way of compensation for the said losses by a body other than a compulsory health insurance body.

An assessment is made of the amount of compensation for pecuniary damage on the one hand, and non-pecuniary damage on the other.

However, when the sum of the compensation amounts calculated in this way exceeds the fixed ceiling, the compensation is reduced to the amount of this ceiling.

Compensation for the costs of adapted accommodation, an adapted vehicle or assistance for a third party is not due when the claimant benefits from coverage of these costs on the grounds of disability, pursuant to Law no. 1.410 of 2 December 2014 on the protection, autonomy and promotion of the rights and freedoms of people with disabilities.

If the claimant's state of health entitling him or her to compensation has not been consolidated at the time of the claim, the Minister of State's decision grants provisional compensation covering pre-consolidation losses.

In this case, within one year of the consolidation of his or her state of health, the victim must submit the required supporting documents to the Minister of State.

The amount of final compensation set for pecuniary damage is reduced by the amount paid as provisional compensation for losses of the same nature. The same applies to the amount set for compensation for non-pecuniary damage.

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