Since 2002, there has been a system in France that allows victims to be compensated out of court, quickly and free of charge. It is notably managed by conciliation and compensation commissions (CCI).
The purpose of an ICC is to promote the resolution of conflicts through conciliation, directly or by appointing a mediator. There are four CCIs which cover the entire territory including overseas. Guadeloupe, Martinique and Guyana are attached to that of Nancy. However, "the Guadeloupe-Martinique commission is [no longer] competent for Saint-Martin and Saint-Barthélemy" since their passage in community in 2007. This means that the victims of medical acts of the two COM no longer have access to this device of medical acts.
This situation was notified to the government by the National Commission for Medical Accidents in its annual reports for 2011-2012 and 2013. Ten years later, the same situation is again reported to the Minister of Health, this time by the Socialist deputy of France. 'Ardèche, Michèle Victory in a written question to the government published in the Official Journal in early September.
“This administrative and legal vacuum has resulted in the filing of files for recognition of victim status to a certain number of fellow citizens who cannot therefore claim the same rights as everyone else. In the medical field in particular, citizens are therefore without any interlocutor and cannot make recourse in order to deal with serious accidents linked to medical operations, ”she points out. The deputy thus asks the minister "if this legal vacuum will be filled as quickly as possible in order to allow each French person to benefit from his rights". To date, no response has been provided. (soualigapost.com)
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