The Oniam Scheme

Abstract

Following the Law of 4 March 2002, new articles L. 1142-1 to L. 1142-29 were added to the French Public Health Code (Code de la santé publique) creating an out-of-court settlement scheme for victims of medical accidents. Three administrative bodies are in charge of operating the scheme:

- the National Office for Compensation for Medical Accidents, Iatrogenic Disorders and Nosocomial Infections (Office National d'Indemnisation des Accidents Médicaux, des affections iathrogènes et des infections nosocomiales: ONIAM), which operates under the supervision of the Ministry of Health. ONIAM offers no-fault compensation to victims of serious medical accidents from a state fund and also manages a variety of other funds which have been set up for the compensation of victims of particular categories of medical accident. ONIAM also covers the operating costs of the Conciliation and Compensation Commissions and provides them with administrative and technical support.

- the Conciliation and Compensation Commissions (Commissions de Conciliation et d'Indemnisation: CCI) have the objective of facilitating the amicable settlement of disputes related to medical accidents, iatrogenic disorders and nosocomial infections as well as disputes between healthcare professionals, institutions which provide healthcare, or producers of health products and users of health services. The CCIs asses the merits of the claims brought before them. There is at least one CCI per region.

- the National Commission for Medical Accidents (Commission Nationale des Accidents Médicaux (CNAMed): whose role is to draw up a list of independent experts who assess cases which come before ONIAM or the CCI, to draft guidelines for these experts, and to ensure the harmonized application of the scheme accross the CCIs as well as to evaluate its functioning through an annual report.

Keywords: Redress, Medical Law, ONIAM, Alternative dispute resolution mechanisms