Refer cases to the Conciliation and Compensation Commission in the event of a medical accident, nosocomial infection or iatrogenic disease

Verified 13 March 2026 - Public Service / Directorate of Legal and Administrative Information (Prime Minister)

If you are the victim of a medical accident, iatrogenic disorder or a nosocomial infection, you can refer the matter to the Medical Accident Conciliation and Compensation Commission (CCI). According to the severity of the prejudice, the procedure shall be that of conciliation or that of settlement. We explain the regulations you need to know.

You can refer the matter to the Conciliation and Compensation Commission for Medical Accidents (CCI) if you are a victim:

  • From a medical accident
  • Or a iatrogenic disorder
  • Or a nosocomial infection.

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

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

The rules differ depending on the situation:

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Major

You can do it yourself.

It is possible to get help from a lawyer.

Major protected

The guardian of a protected major may also refer the matter to the CCI.

Minor

It's the legal representative which must refer the matter to the commission.

Deceased person

In the event of death, the rights holders (e.g. child, spouse, heir) may refer the matter to the ICC.

We must act within a period of 10 years from the consolidation damage.

You must inform:

  • ICC of court proceedings related to the same facts possibly pending
  • The judge you have referred to the ICC if a legal action is brought.

Referral to the ICC suspends the limitation periods and the time limits for bringing legal proceedings until the end of the proceedings.

Please note

In the absence of consolidation of the state of health of the person before his death, it is necessary to act within 10 years from the death of the person concerned.

The commission must be informed by means of the claim form:

Claim for compensation from the Commission for Conciliation and Compensation for Medical Accidents, Iatrogenic Diseases and Nosocomial Infections (CCI)

A rate of permanent physical or mental harm greater than 24% entitles the holder to compensation.

There is also a seriousness character during a medical accident, iatrogenic disease or nosocomial infection resulting in:

  • A temporary cessation of professional activities for at least 6 consecutive months (or 6 non-consecutive months over a period of 12 months)
  • Or temporary discomfort constituting a temporary functional deficit (TFD) greater than or equal to a 50% for at least 6 consecutive months (or 6 non-consecutive months over a 12-month period).

Exceptionally, the seriousness of the situation may be recognized:

  • When the victim is definitively declared unfit to carry out his professional activity
  • Or when its conditions of existence are seriously disturbed.

Depending on the value of the severity threshold, the CCI:

  • Prompts you to enter it for a conciliation, when the severity threshold is less than 24%
  • Or continues to the settlement, when the severity threshold is greater than 24%.
Conciliation

It applies if you are in one of the following cases:

  • You are not satisfied with the care you have received
  • You disagree with a healthcare professional or institution
  • You have been the victim of damage of which the gravity is lower at the severity threshold (24%).

The President of the ICC shall inform the defendants of the proceedings and may request further information.

With your consent, the ICC may, for example:

  • Forward your request to the committee on relations with users of the establishment
  • Or delegate the task of conciliation to one of its members or to an independent mediator
  • Or study the facts herself.

Following this review, the ICC prepares a document indicating the outcome of the conciliation. It is signed by the parties.

An original copy of the conciliation document shall be given or sent to each of the interested parties.

Please note

Members of the ICC are bound by professional secrecy.

Settlement

In order for this procedure to apply, your harm must be superior at the severity threshold (24%). The ICC verifies that this is the case.

The following situations are also affected by the seriousness of the situation:

  • Temporary cessation of professional activities (ATAP) for at least 6 consecutive months (or 6 non-consecutive months over a period of 12 months)
  • Temporary discomfort of temporary functional deficit (TFD) greater than or equal to a 50% for at least 6 consecutive months (or 6 non-consecutive months over a 12-month period).

Exceptionally, the seriousness of the situation may be recognized:

  • When you have been definitively declared unfit to carry out your professional activity
  • Or when the conditions of life are seriously disrupted.

Once the file is complete, the ICC has a period of 6 months to give his opinion.

The ICC may obtain disclosure of any document, including medical documents, using means to ensure confidentiality with respect to third parties. Its members are bound by professional secrecy.

In the event of inadmissibility, you may submit a request for conciliation to the ICC.

If the dossier is deemed admissible, the President shall appoint an expert or a panel of experts and set a deadline for the submission of the expert report. Such experts may take into account the comments of the parties.

A copy of this report shall be sent to each Party at least 10 days before the date of the ICC meeting.

The parties are summoned before the ICC and may be assisted or represented by a person of their choice. They may be heard at their request or at the request of the ICC.

At the end of the session, the ICC issues an opinion. This notice shall be sent to the parties and accompanied by the documents necessary to draw up an offer of compensation.

Please note

If you wish to challenge the medical expertise, you have the right to request an amicable counter-expertise or additional expertise. Before the courts, with the assistance of your lawyer, you can demand a judicial expertise.

The CCI has a period of 6 months from the receipt of the complete file to deliver its opinion.

According to the ICC's decision on liability, you are compensated by:

  • The health professional's insurer
  • Or by theOniam: titleContent.

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Responsibility of the health professional

If a liability is established by the ICC, the health professional's insurer must make a proposal for compensation, within 4 months following receipt of the notice.

This offer is an advance on compensation if the insurer has not been informed of the consolidation of the victim's condition.

Once informed of the consolidation, the insurer has 2 months to make a final compensation proposal.

The tender must indicate for each point to which the damage relates:

  • Evaluation retained
  • Provisional or definitive nature of the offer
  • The amount of compensation payable to the victim or his/her dependants.

FYI  

If the insurer has not made an offer within 4 months (he refuses to do so or keeps silent) or if the professional is not insured, the victim or his dependants can apply to theOniam: titleContent by registered letter with acknowledgement of receipt.

Oniam replaces the insurer to establish an offer and compensate the claimant within the same time frame.

Lack of accountability

If the harm is not related to any act involving the responsibility of a health professional, we speak of therapeutic hazard.

The compensation is then covered by Oniam: titleContent, only if the damage exceeds the threshold of severity.

The procedure and time limits for compensation are identical to those imposed on the insurer.

Compensation may be accepted or refused:

Compensation accepted

Accepting compensation removes the possibility of recourse to an administrative or civil court or of receiving compensation from another body.

In the event of worsening damage or death due to a nosocomial condition, theOniam: titleContent covers your compensation or that of your beneficiaries.

The insurer of the professional has 1 month after receipt of acceptance of his offer to pay the amount.

If the deadline is exceeded, he must pay interest on the amounts to be paid corresponding to 2 times the legal rate per day late.

Compensation denied

If you dispute the offer of the insurer or the absence of an offer from Oniam, you can bring the matter before the competent court, depending on the nature of the event that caused the damage:

This is a public hospital

You have to go to the administrative tribunal.

Who shall I contact

This is a private institution

You have to go to court.

FYI  

For these various remedies, it is useful to contact your legal protection insurance. This guarantee is often integrated into a home insurance policy or liability insurance.

Who can help me?

Find who can answer your questions in your region

  • Conciliation and Compensation Commission (CCI)

  • For information on the conditions of access to the compensation scheme

    By phone

    01 49 93 89 00

    Monday, Tuesday and Thursday: 9:30 am - 12 pm / 2 pm - 5 pm

    Wednesday and Friday: 9:30 am - 12 pm

    Purple or premium number: cost of a call to a landline + paid service, from a landline or mobile phone

    To know the price, listen to the message at the beginning of the call

    By post

    National Office for Compensation of Medical Accidents (Oniam)

    Altai Tower

    1 Place Aimé Césaire

    CS 80011

    93102 MONTREUIL CEDEX

    By email

    secretariat@oniam.fr

    By contact form

    https://www.oniam.fr/contact