Medical accidents: compensation for victims is improving

In his annual activity report, the National Office for Compensation of Medical Accidents (ONIAM) draws up a positive assessment of the year 2015. A press release from the Office indeed notes “significant progress” in favor of these victims.

Through the organizational efforts of Conciliation and Compensation Commissions (CCI), and at decree of January 9, 2014 which allows presidents to sign “notices of manifest inadmissibility”, the time between receipt of the file and the opinion of the commission (on positive and negative opinions) has, on average, increased from 11.1 months in 2012 to 10 months in 2015.

In addition, the simplification and automation of internal procedures made it possible to reduce from 125 days to 118 days the period for payment of the first offers of compensation for medical accidents. More generally, for most of the institution’s missions, the average file processing times are the lowest observed since 2013.

Easy access to information for all

Furthermore, ONIAM is pleased to have facilitated everyone’s access to information on the out-of-court compensation system. This is explained by its website, which has been completely redesigned “so as to provide information on the various compensation schemes (medical accidents, HIV, HCV contracted through blood transfusion, compulsory vaccinations, emergency health measures , Médiator®) more accessible, while improving the ergonomics of consultations”.

And to improve patient information on their rights and the various possible remedies in the event of medical accidents, ONIAM indicates that it has also widely disseminated an information brochure to all public or private health establishments, CPAMs (1) and departmental centers for people with disabilities.

A “significant” revaluation of compensation

A “significant” increase in the amount of compensation was also noted. In 2015, ONIAM’s Board of Directors thus revalued the extra-patrimonial damages by 16% and the hourly rates for assistance by third party from 40% to 50%, “so as to align them with the rates used by jurisdictions,” he said.

“For ONIAM, it is a question of giving itself the means to maintain the attractiveness of amicable transactions vis-à-vis jurisdictional disputes. The amicable route also has the advantage of being faster than the judicial route and of allowing free appraisals”, explains the Office.

Enhanced dialogue with the CCIs

Finally, ONIAM considers that dialogue with the CCIs is a key element in the proper functioning of the compensation system. For this, it organizes discussion meetings three times a year. And for the rare cases where ONIAM does not follow the opinion of a commission, it systematically communicates to the presidents of the commissions the reasons for its refusal.

“The new COP signed in 2016 will continue these different areas of progress in the service of victims”, concludes ONIAM.

(1) Primary Health Insurance Funds