Maître Didier Jaubert — Member of the Paris Bar (Toque E1558) Individual practice 10 avenue de l'Opéra, 75001 Paris 01 86 48 07 00

CRCI / CCI — The Amicable Procedure for Medical Accident Victims

Medical accident, hospital-acquired infection, therapeutic hazard: you can obtain compensation without going to court. The Commission de Conciliation et d'Indemnisation (CCI/CRCI) is a free route, created by statute for you. Maître Jaubert accompanies you at every step.

Free consultation — response within 48 hours

What is the CRCI / CCI?

The Commission Régionale de Conciliation et d'Indemnisation (CRCI), now renamed the Commission de Conciliation et d'Indemnisation (CCI), is an independent body created by the Kouchner Act (loi n° 2002-303 du 4 mars 2002) (Arts. L. 1142-5 et seq. of the Public Health Code).

Its role: to enable medical accident victims to obtain compensation through an amicable, free and non-judicial route. There is one in each region of France, grouped around four hubs (Bagnolet, Lyon, Bordeaux, Nancy). They are chaired by a magistrate and composed of representatives of patients, healthcare professionals and insurers.

Referral to the CCI/CRCI is entirely free of charge for the victim. Medical expert fees are covered by the ONIAM. The procedure suspends the limitation period and does not foreclose the judicial route.

Who can refer a case to the CCI? For what types of harm?

Any person considering themselves a victim may refer their case to the competent CCI for their area, in respect of the following types of harm:

  • Medical accident — incident occurring during a preventive, diagnostic or treatment act
  • Iatrogenic condition — complication linked to drug treatment or a medical device
  • Hospital-acquired infection — infection contracted during hospitalisation or treatment
  • Therapeutic hazard — serious complication without established negligence, covered by national solidarity (ONIAM)

⚠️ Severity threshold: to be admissible, the harm must reach a defined level under Art. D. 1142-1 of the Public Health Code: a permanent physical or psychological impairment (AIPP) above 24%, or temporary incapacity to work for more than 6 consecutive or non-consecutive months in 12, or particularly serious disruption to living conditions. In the event of death or permanent inability to practise a professional activity, the procedure is also available. Maître Jaubert can help you assess whether your case meets this threshold.

The steps in the CCI procedure

  1. Filing the application

    You submit an application to the CCI with jurisdiction over your area, accompanied by your complete medical records. Filing is free. Legal representation, while not compulsory, is strongly recommended for building a solid case.

  2. Admissibility review

    The CCI checks that your application is admissible (nature of the harm, severity threshold met). If so, it orders an adversarial medical expert examination.

  3. Adversarial medical expert examination

    One or more medical experts appointed by the CCI review your medical records and, where necessary, convene you. Expert fees are covered by the ONIAM. Your lawyer and medical adviser may attend to defend your interests.

  4. CCI opinion

    On the basis of the expert report, the CCI issues an opinion: it identifies the causes of the harm, determines whether compensation is warranted, and designates the payer — the professional's or establishment's insurer (if negligence is found) or the ONIAM (under national solidarity, in the absence of negligence).

  5. Compensation offer

    The insurer or ONIAM has 4 months from receipt of the expert report to make a compensation offer. If you accept it, the matter is settled. If the offer is insufficient or absent, you may refer the case to court.

CCI/CRCI or court: which route to choose?

✅ Advantages of the CCI route

  • Entirely free (expert fees included)
  • Non-adversarial procedure
  • Neutral medical expertise funded by the ONIAM
  • Theoretically shorter timelines than litigation
  • Does not prevent subsequent court proceedings
  • Suspends the limitation period

⚠️ Limitations to be aware of

  • Severity threshold must be met for admissibility
  • The CCI opinion is not binding on the ONIAM
  • The ONIAM may reject a favourable opinion (8.5% of cases, according to the Cour des comptes)
  • Compensation may be lower than ordinary-law benchmarks
  • Actual timelines often longer (2 to 3 years in practice)

The assistance of a lawyer specialising in medical law is essential to maximise your chances of obtaining full compensation. If the offer is insufficient, Maître Jaubert can represent you before the competent civil court.

Frequently asked questions

Is the CCI procedure truly free?

Yes, referral to the CCI and medical expert fees are covered by the ONIAM — no costs are borne by the victim at this stage. The fees of a lawyer and medical adviser are, however, at your expense, though they are strongly recommended to defend your interests effectively against insurers and their experts.

Can I go to court if I am not satisfied with the CCI opinion?

Absolutely. Referral to the CCI does not commit you to anything definitively. If the opinion is unfavourable, the offer is absent or insufficient, or the ONIAM refuses to make an offer in line with the opinion, you retain your full right to bring proceedings before the competent civil or administrative court.

What is the time limit for referring a case to the CCI after a medical accident?

The limitation period is in principle 10 years from the consolidation of the harm (Art. L. 1142-28 of the Public Health Code). This period may be suspended or interrupted in certain circumstances. It is imperative to consult a lawyer promptly to verify that you are still within the time limits.

Do I have to go through the CCI before going to court?

No. The CCI route is an alternative, not a mandatory preliminary step. You may choose to go directly to court — in particular if the CCI severity threshold is not met, or if you consider that the urgency of your situation requires it. Maître Jaubert will advise you on the most appropriate strategy for your case.

Does my case qualify if the doctor did not commit an error?

Yes. The ONIAM may compensate serious therapeutic hazards — i.e. severe complications occurring without negligence, under national solidarity (Art. L. 1142-1 II of the Public Health Code). The condition is that the harm is abnormal relative to the patient's health condition and its foreseeable evolution, and that it meets the required severity threshold.

Which CCI should I refer my case to?

The competent CCI is the one with jurisdiction over the area in which the medical act giving rise to the harm was performed — not the one in your area of residence. Maître Jaubert can identify the competent CCI and assist you in compiling your file.

CCI and ONIAM: how do they interact?

The CCI issues an opinion: it does not pay. It is the ONIAM (Office National d'Indemnisation des Accidents Médicaux) that settles compensation in two cases:

  • When no negligence is established (therapeutic hazard covered by national solidarity)
  • When the professional's or establishment's insurer refuses or is unable to pay

If negligence is established, it is the liable party's insurer (doctor, clinic, hospital) that must make a compensation offer within 4 months of receiving the expert report. In the event of a refusal or manifestly insufficient offer, Maître Jaubert can take court action to obtain full compensation.

For further information on possible remedies after an ONIAM refusal, please see our dedicated page: ONIAM refusal: what to do?

Your case deserves to be examined

Maître Jaubert reviews your situation, assesses the prospects of a CCI procedure and accompanies you at every step. Confidential consultation, no obligation.

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