Abeille Avocats, a firm of lawyers specialising in health law, defends public and private health establishments throughout France.
Our lawyers specialising in the hospital sector have extensive experience in the field of medical liability. We work alongside appointed medical advisers to find solutions to any issues that may arise.
The general principles of medical liability were established by the Kouchner Law of 4 March 2002. This law introduced the principle of fault-based liability and an obligation on public and private healthcare establishments to provide the best possible care.
When seeking to hold a healthcare establishment liable, it is up to the person making the claim to provide proof of fault, damage, and a causal link.
In the case of nosocomial infections, the law establishes liability without fault, from which establishments can only be exonerated by proving an extraneous cause. If the damage is particularly serious, the ONIAM (Office National d’Indemnisation des Accidents Médicaux – National Office for Compensation for Medical Accidents) may intervene and pay compensation for the harmful consequences of the infection. Our lawyers specialising in defending hospitals are able to advise you and provide you with strategic support throughout this process.
In the case of private establishments where practitioners work on a self-employed basis, the establishment cannot be held liable for the negligence of these healthcare professionals. On the other hand, where practitioners are employed by an establishment, whether public or private, only the structure within which they work may be held liable before the courts or administrative tribunals.
The limitation period for institutional liability is 10 years from the date of consolidation of the damage.
Our lawyers specialised in health law are available to assist you in Marseille, Aix-en-Provence, Lyon, Montpellier, Nice, Nîmes and Paris.
Medical expertise is the keystone and the first essential stage of any procedure in which the liability of healthcare establishments is sought.
We provide healthcare establishments with our expertise in the field of medical liability in the context of medico-legal discussions during expert appraisals, but also during exchanges of observations in the form of statements with experts and other parties before the expert delivers his final conclusions, in cohesion with the medical adviser.
Depending on the public or private status of the healthcare establishment, a patient or a third party may bring a case before the judicial or administrative courts.
In principle, the first stage of the procedure is to refer the matter to the court for an expert opinion, after which the court will appoint one or more experts.
Once the expert has been appointed and the report has been submitted, it is up to the claimant to bring a claim for compensation before the competent court.
We are involved at every stage in defending our clients’ interests, representing them, setting up a line of defence, drafting the pleadings and supporting the case at the oral hearing.
Where the practitioner is employed within a public or private organisation, only the establishment’s liability may be sought before the judicial or administrative courts, depending on the status of the establishment.
In this case, we also defend the employed practitioner.
CCIs are Conciliation and Compensation Commissions for Medical Accidents, Iatrogenic Affections and Nosocomial Infections.
They are an alternative to judicial or administrative proceedings and were initially set up to relieve the courts of their workload.
We assist doctors at every stage of this amicable procedure, from the patient’s referral to the Commission, right through to the issuing of an opinion.
In concrete terms, the first stage of this procedure is the carrying out of an expert appraisal by doctors appointed by the Commission.
We attend this assessment alongside our clients and their medical advisers, putting our expertise in medico-legal matters at the service of their interests.
The expert report is then discussed at a hearing before the Commission.
On this occasion, we put forward our arguments in the interests of the practitioners in order to support the line of defence prepared in advance with our clients.
