Harm related to a medical condition or infection or accident in a hospital or clinic

Verified 14 September 2026 - Public Service / (Prime Minister)

Are you a victim of harm related to a medical condition or infection or accident in a hospital or clinic? You have the possibility to settle this dispute amicably or to initiate legal proceedings. Depending on the nature of the establishment (public or private), the administrative or civil judge will have jurisdiction. In the event of serious misconduct, you may bring the matter before the criminal court. We explain the steps to know.

Public institution

Public institutions include regional university hospitals (CHRUs), hospital centers (CHs), specialized psychiatric hospitals and military training hospitals (HIAs).

You can take steps if you are confronted with:

  • One iatrogenic disorder
  • One nosocomial infection
  • A medical accident (examples: hip replacement infection following the placement procedure, cataract intervention that led to blindness of the operated eye).

You have a period of 10 years to institute proceedings from the date of consolidation damage.

Users' Commission (CDU)

In the event of a dispute involving the policy of reception and care of patients, it is possible to seize the Users' Commission (CDU).

It is present in every establishment.

Recourse to the CDU cannot result in the payment of compensation.

Medical Accident Conciliation and Compensation Commission (CCI)

You can also enter the medical accident conciliation and compensation commission (CCI).

Depending on the seriousness of the damage, the procedure will be that of conciliation or that of amicable settlement.

This is free of charge and does not require the assistance of a lawyer.

Administrative Tribunal

In most cases, a claim for compensation must be made before the matter is referred to the court.

If the public institution responds negatively, the administrative tribunal must be entered by post in the 2 months which follow this negative answer.

FYI  

You can contact your insurer if you have taken out a guarantee legal protection.

The insurance company will then be able to put you in contact with a lawyer.

FYI  

In the event of fault resulting in injury or death of the patient, it is possible to lodge a complaint in front of Prosecutor of the Republic and to wear civil party in front of criminal court.

The time limit for bringing an action before a judge for a offense is 6 years from the medical act in question. However, the starting point of the delay may be postponed to the date of the victim's death, for example.

The medical act of the person or institution involved must be serious: deception, illegal practice of medicine, injury or manslaughter...

One complaint to professional orders (example: national council of the order of physicians) allows to explain the facts reproached to a practitioner.

However, it does not allow you to obtain damages and interest.

Private

Private institutions include non-profit private health institutions (e.g. associations), cancer centers, for-profit institutions (clinics).

You can take steps if you are confronted with:

  • One iatrogenic disorder
  • One nosocomial infection
  • A medical accident (examples: hip replacement infection following the placement procedure, cataract intervention that led to blindness of the operated eye).

You have a period of 10 years to institute proceedings from the date of consolidation damage.

Users' Commission (CDU)

In the event of a dispute involving the policy of reception and care of patients, it is possible to seize the Users' Commission (CDU).

It is present in every establishment.

Recourse to the CDU cannot result in the payment of compensation.

Medical Accident Conciliation and Compensation Commission (CCI)

You can also enter the medical accident conciliation and compensation commission (CCI) if you are a victim of any of the following:

  • Medical accident
  • Disorder iatrogenic disorder
  • nosocomial infection.

Court of Justice

The court of justice is competent for claims for damages.

The assistance of a lawyer is mandatory.

You can contact your legal protection insurance (e.g.home insurance) if necessary.

The insurance company will then be able to put you in contact with a lawyer or a medical consultant.

FYI  

In the event of fault resulting in injury or death of the patient, it is possible to lodge a complaint in front of Prosecutor of the Republic and to wear civil party in front of criminal court.

The time limit for bringing an action before a criminal judge for a offense is of 6 years from the medical procedure in question. However, the starting point of the delay may be postponed to the date of the victim's death, for example.

The medical act involved must be serious: deception, illegal practice of medicine, injury or manslaughter...

One complaint to professional orders (example: national council of the order of physicians) allows to explain the facts reproached to a practitioner.

However, it does not allow you to obtain damages and interest.

Who can help me?

Find who can answer your questions in your region

  • Telephone line created by a collective of user associations to provide legal or social information related to health

    By phone

    01 53 62 40 30

    Price of a normal communication

    Open service:

    • Monday, Wednesday and Friday from 2pm to 6pm
    • Tuesday and Thursday from 2pm to 8pm.

    By email

    https://www.france-assos-sante.org/sante-info-droits/

    The maximum response time by email is 15 days.

  • House of Justice and Law