Medical Accident or Medical Error

Medical negligence or therapeutic hazard?

⚠ A largely underestimated toll: in France, medical accidents cause between 30,000 and 50,000 deaths per year and at least 150,000 cases of permanent disability, according to Professor Marc Tadié (July 2026). These figures underline both the scale of the problem and the importance for victims of asserting their rights.

The Kouchner Act of 4 March 2002 distinguishes two regimes:

• Medical negligence — the healthcare professional (physician, surgeon, hospital) failed to meet the required standard of care. Liability is established before the civil or administrative courts depending on whether the establishment is public or private.
• Therapeutic hazard — a serious, rare and unforeseeable complication that occurs without negligence. Compensation is provided through national solidarity via the ONIAM, subject to a severity threshold (permanent impairment ≥ 24% or alternative criteria).
• Hospital-acquired infection (nosocomial) — there is a presumption of liability on the part of the healthcare establishment, regardless of proven fault.

The role of the CCI and ONIAM

Before any court action, the Commission de Conciliation et d'Indemnisation (CCI) may be referred to free of charge. It appoints a medical expert, rules on liability and, if the ONIAM has jurisdiction, proposes a compensation offer. This amicable procedure does not foreclose the judicial route if the offer is insufficient.

Cabinet Jaubert has in-depth expertise in ONIAM proceedings and supports victims at every stage: compilation of medical records, assistance at the expert examination, challenging the offer, and appeals before the administrative or civil courts.

Defective healthcare products

Victims of a drug withdrawn from the market (Vioxx, Mediator, Agréal, Androcur…) or of a defective medical device may hold the manufacturer liable under the European directive on defective products or on the basis of fault-based liability. The firm has direct experience with these class-action cases, which may give rise to a group action against the relevant laboratory.

The steps in a claim

1. Retrieval and analysis of the complete medical records (hospital, GP, specialists).
2. Preliminary medical opinion — the firm works with independent medical advisers.
3. Referral to the CCI (amicable procedure, average timeline: 12 months).
4. Adversarial medical expert examination — assistance during the expert hearing.
5. Acceptance of the ONIAM offer or court proceedings if the offer is insufficient or refused.