This is a measure that has gone completely unnoticed in the aftermath of the holidays. Since January 1, the new LFSS plans to no longer pay compensation to victims of plastic surgery in the event of a “non-faulty” accident. In other words, compensation will be excluded in the event of a “therapeutic hazard”, that is to say when the responsibility of the medical staff or that of the health establishment is not in question.
This measure, spotted by the newspaper Le Monde, is detailed in article 50 of the law. Specifically, it excludes from compensation by the National Office for Compensation for Medical Accidents (Oniam) damage “attributable to acts devoid of preventive, diagnostic, therapeutic or reconstructive purpose, including in their preparatory or follow-up phase”. Cosmetic surgery acts, apart from reconstructive surgery, are therefore affected by this provision.
The creation of Oniam in 2002 had enabled victims of cosmetic surgery accidents for which no culprit was designated to still receive compensation under national solidarity.
Why remove this right? While lawyers specializing in medical accidents are protesting against what they denounce an “indisputable regression of the rights of victims”, the rapporteur of the bill and PS deputy of Isère Olivier Véran justified this restriction to the World: “he It is not a question of saving money but of clearly distinguishing therapeutic acts from non-therapeutic acts, “Olivier Véran, PS deputy for Isère and PLFSS rapporteur, told Le Monde.
Still, this change in the scope of compensation should bring in 800,000 euros each year, according to the law.
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