Personal injury — Medical error

Medical malpractice lawyer in Metz and Luxembourg

An operation that goes wrong, an infection caught in hospital, a late diagnosis: not every medical error gives rise to compensation, but many do. The challenge is to identify the fault, choose the right route and quantify the full extent of the harm — which requires a solid medical assessment.

Does this apply to you?

These situations warrant a legal and medical review of the file before taking any step.

An operation left you with sequelae you consider abnormal.
You contracted an infection after a hospital stay or surgery.
A diagnosis was made late or a condition was not detected in time.
You were not informed of the risks before consenting to a medical procedure.
A relative died following care you consider negligent.
A commission or insurer has offered compensation and you wonder whether it is sufficient.

Fault, hospital infection or failure to inform?

The legal classification determines the procedure. A technical fault requires showing a breach of professional standards: inappropriate procedure, lack of monitoring, negligent late diagnosis. A hospital-acquired infection benefits, in some cases, from a presumption of liability favourable to the victim. A failure to inform — the absence of fair disclosure of risks before the procedure — is an autonomous ground, even where the procedure itself was correctly performed.

Where none of these grounds is met but the damage is serious and abnormal, a therapeutic hazard may be compensated by the ONIAM under national solidarity.

CCI, ONIAM or court: which route?

The Conciliation and Compensation Commission (CCI), formerly CRCI, offers a free and relatively fast amicable route, recommended where the damage reaches a certain severity threshold. Litigation before the court is required in other configurations, notably where fault is contested or the institution is private.

This choice is not neutral: it affects deadlines, cost and the evidence strategy. I settle it with you case by case, after reviewing the medical file.

The medical assessment, a decisive step

As with any personal injury, compensation is built around an adversarial medical assessment. I direct you to an independent medical adviser, prepare each assessment and ensure that all heads of damage are taken into account under the Dintilhac nomenclature, once the condition is consolidated.

Frequently asked questions

How do you prove a medical error?

Proof almost always rests on a medical assessment, based on your complete medical file. The expert establishes the link between the care and the sequelae, and qualifies the fault or not. Hence the importance of obtaining the full file and being assisted by a medical adviser.

Should I go through the CCI or the court?

It depends on the severity of the damage, the nature of the fault and the institution concerned (public or private). The CCI is free and suited to damage of a certain severity; litigation is required in other cases. The choice is analysed file by file.

What is a hospital-acquired infection and does it give a right to compensation?

It is an infection contracted within a healthcare facility, in connection with care. In several situations it falls under a liability regime favourable to the victim; the most serious forms may be covered by the ONIAM. A case-by-case analysis is needed.

My doctor did not inform me of the risks: is that a fault?

Failure to inform beforehand is an autonomous ground of liability, even if the procedure was technically well performed. It must still be shown that this lack of information deprived you of the chance to refuse or postpone the procedure.

What are the deadlines to act?

An action for compensation of a bodily injury is, in principle, time-barred ten years from consolidation. The CCI and ONIAM have their own deadlines. When in doubt, it is better to consult early so as not to let a deadline run.

Official sources & resources

ONIAM — National office for the compensation of medical accidents — Compensation of therapeutic hazards and serious hospital-acquired infections.
Act of 4 March 2002 (Kouchner Act) — patients' rights — Légifrance — Medical liability, patient information and compensation scheme.
Service-Public.fr — Medical accident, iatrogenic condition, hospital infection

Victim of a medical error? Let's review it

The first meeting is free and confidential. It assesses whether a fault, infection or failure to inform may give rise to compensation, and which route fits. Offices in Metz (Metz Bar) and Luxembourg City (Luxembourg Bar) — cross-border practice France · Luxembourg.

Book a meeting 03 87 75 26 95