Expertise Categorie: Health law

Abeille Avocats, a firm of lawyers specialising in health law, defends public and private health establishments throughout France.

Recognised experience in medical liability

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

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.

Seeking to establish liability

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.

Liability for nosocomial infections

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.

Liability of private establishments

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 statutory limitation of the liability of establishments

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.

Abeille Avocats possesses solid expertise in medical law, providing answers to the questions raised and solutions to the difficulties encountered in the field of health law and in medical and medico-social matters.

Advising and defending healthcare professionals

Our lawyers advise and defend healthcare professionals (doctors, nurses, physiotherapists, etc.) in disputes or litigation relating to the practice of their profession.

Advising the French National Board of Physicians (Ordre des médecins)

Our lawyers specialise in advising the French National Board of Physicians. We provide our expertise in connection with the establishment and performance of practice contracts between doctors and clinics (in particular fees, exclusivity, organisation of schedules) and their termination (in particular classification of the termination, contractual indemnities, or indemnities for failure to observe the notice period, etc.).

We also provide assistance in drafting contracts, auditing contracts and analysing risks relating to doctor/clinic practice contracts, association contracts between doctors (unincorporated associations, SCM (non-trading private companies), SEL (incorporated professional practices), SCP (professional civil partnerships), GIE (economic interest grouping), GCS (health-care cooperation groupings)), successor presentation contracts (contrats de présentation de successeur), internal regulations, etc.

We also advise on contracts of association between healthcare professionals (in particular allocation of fees and charges, disagreements between partners) and their termination (in particular classification of the termination, compensation).

Legal advice for healthcare professionals

Abeille’s lawyers specialise in advising the French National Board of Physicians (Ordre des Médecins) and in the law governing healthcare professionals. Our lawyers can also help you challenge a decision by a medical officer from the French National Public Health Insurance Body (CPAM- Caisse primaire d’assurance maladie).

Assistance with cooperation in the healthcare sector

With a view to clarifying and simplifying the legal tools for cooperation, the Hôpital, Patients, Santé, Territoires (HPST) Act has overhauled the legal framework for health cooperation groupings (GCS- Groupements de coopération sanitaire)

We advise you on the implementation of all your cooperation projects, whether involving the creation or renewal of an organisation or contractual cooperation, between establishments or with self-employed professionals.

These may include health cooperation groups, social and medico-social cooperation groups, the creation of public-private health centres, nursing homes, etc.

Assistance with the development of innovative projects 

Abeille Avocats assists you in the development of your innovative projects, particularly in the field of biotechnology and health tech, by supporting the creation of your project.

Our lawyers specialise in advising and defending healthcare professionals and are based in several French cities, including Marseille, Aix-en-Provence, Lyon, Montpellier, Nice, Nîmes and Paris.