Damage due to malfunction of a hospital or clinic

Verified 02 November 2023 - Directorate for Legal and Administrative Information (Prime Minister)

Are you suffering harm because of a malfunctioning hospital or clinic? To seek compensation for health damage, you have the opportunity to settle this dispute amicably or to initiate legal proceedings. Depending on the nature of the establishment (public or private), the administrative judge or the civil judge will have jurisdiction. In the event of serious misconduct, the victim may bring the matter before the criminal court. We will explain the steps to know.

Public establishment

Public institutions include regional university hospitals (CHRUs), hospital centers (CHs), psychiatric hospitals and army training hospitals (HIAs).

You can take steps if you are faced with:

  • One iatrogenic disease
  • One hospital-acquired infection
  • A medical accident (e.g. hip replacement infection following the insertion procedure, cataract procedure leading to blindness of the operated eye).

You have a deadline of 10 years to commence proceedings from the date of consolidation of the damage.

The Users' Commission (UCC)

In the event of a dispute concerning the policy for the reception and care of the sick, it is possible to refer the matter to the Users' Commission (CDU).

It is present in every establishment.

Medical Accident Reconciliation and Compensation Commission (MACC)

You can also enter the Medical Accident Reconciliation and Compensation Commission (CCI)).

This procedure is free of charge and does not require the assistance of a lawyer.

Administrative Tribunal

In most cases, a claim for compensation must be made before a claim is brought before the court.

FYI  

You can contact your insurer if you have taken out a guarantee legal protection. The insurance company will then be able to put you in contact with a lawyer.

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Refusal of establishment

If the public institution responds negatively, the administrative tribunal must be entered by mail within 2 months which follow this negative response.

Failure of the institution to respond

If the public institution does not respond within 2 months, the administrative tribunal must be seized by post within 2 months from this implied refusal.

FYI  

In the event of fault leading to injury or death of the patient, lodge a complaint in front of Public Prosecutor and carry on civil party in front of correctional court.

The time limit for bringing an offense before the judge is 6 years from the date of the medical act in question. However, the starting point of the deadline may be postponed to the date of the victim's death, for example.

The medical act of the person or establishment involved must be serious: deception, illegal practice of medicine, injury or manslaughter...

Private

Private facilities include private not-for-profit health facilities, cancer control centers, for-profit facilities (clinics).

You can take steps if you are faced with:

  • One iatrogenic disease
  • One Hospital-acquired infection
  • A medical accident (examples: hip prosthesis infection following the insertion procedure, cataract intervention that led to blindness of the operated eye).

You have 10 years to file a lawsuit from the date of consolidation of the damage.

Users' Commission (UCC)

In the event of a dispute concerning the policy for the reception and care of the sick, it is possible to refer the matter to the Users' Commission (CDU).

It is present in every establishment.

Medical Accident Reconciliation and Compensation Commission (MACC)

You can also enter the Medical Accident Reconciliation and Compensation Commission (CCI)) if you are a victim of any of the following:

  • Medical accident
  • Iatrogenic disorder
  • Hospital-acquired infection

Referral to the Court of Justice

Please note

You can contact your legal expenses insurance (example: home insurance contract). if applicable. The insurance company may then put you in contact with a lawyer or medical consultant.

The court of law is competent for claims for damages.

The assistance of a lawyer is mandatory.

FYI  

In the event of fault leading to injury or death of the patient, lodge a complaint in front of Public Prosecutor and carry on civil party in front of correctional court.

The time limit for bringing an offense before the criminal court is 6 years from the medical act in question. However, the starting point of the deadline may be postponed to the date of the victim's death, for example.

The medical act in question must be serious: deception, illegal practice of medicine, injury or manslaughter...

Who can help me?

Find who can answer your questions in your region

  • Health Info Rights

    A telephone line created by a collective of user associations to provide legal or social information related to health

    By telephone

    01 53 62 40 30

    Price of a local call

    Open Service:

    • mondays, wednesdays and fridays from 2pm to 6pm
    • tuesdays and thursdays from 2pm to 8pm

    By Form

    You can also ask your question by completing the contact form ;

    From this form, you can request to be called back.

  • House of Justice and the Law