"No-fault" compensation for victims of medical injuries. Ten years of implementing the French model
### Context
For decades and in many countries, the issue of compensation for victims of
medical injuries has led to lively debates. In 2002, a law set up a new model
for compensation in France - based on the creation of a "no fault"
compensation scheme and of an out-of-court settlement mechanism. This is one
of the most recent models to have been adopted in European countries. This
article analyses the choices made by the law and discusses the key figures of
its ten years of implementation.
### Methods
We conducted (1) a study of debates regarding compensation for victims of
medical injuries in France; (2) a comparative analysis of the different models
of compensation which had already been adopted in different countries; (3) a
study of primary sources provided by the bodies in charge of the French new
out-of-court settlement mechanism; and (4) a statistical analysis of the
exhaustive list of 18,258 claims filed between 2003 and 2009.
### Results
The article highlights the context which led to the adoption of the 2002 law
on the quality of care and patients' rights. It analyses, from a comparative
standpoint, the specificities of the new compensation model set up by the law.
It shows how the opportunities for victims of medical injuries to be
compensated had improved in France. Finally, we discuss the limits of the new
model and what the next step might be to improve access to compensation for
victims of medical injuries.
ER - End of Reference
236-245
114
2
2014
Health Policy
JanineBarbot
Isabelle
Parizot
MyriamWinance