Regional conciliation and compensation commissions: how they work
Manaouil, Cécile.; Rahal-Löfskog, Délia.; Montpellier, D.; Jardé, O.
Presse Medicale 35(11 Pt 2): 1707-1715
2006
ISSN/ISBN: 0755-4982 PMID: 17086130 Document Number: 602676
The Law of 4 March, 2002, established regional commissions of conciliation and indemnification (CRCI) to enable the swift and amicable resolution of demands for damages due to medical care (including prevention and diagnosis) by private practitioners, private clinics, and public hospitals. The commission may decide that: (1) the physician or healthcare facility is liable (generally, indemnification by the insurance company), or (2) that indemnification is due in the name of 'national solidarity' (indemnification by a national organism called ONIAM), or (3) no damages are due. There are two important restrictions: For the CRCI to have jurisdiction to determine indemnification, it is imperative that at least one of the severity criteria be met. The 4 severity criteria are: (1) a permanent disability greater than 24%, (2) temporary disability for at least 6 months during a one-year period, or (3) permanent inability to perform the previous occupation, or (4) rarely, especially severe problems (for example, economic) in living conditions that result from the medical care. The procedure applies only to care provided since 5 September 2001. From the request for indemnification by 'ONIAM or the insurer, the process must last no longer than one year.