How do I retrieve my medical file?
It can be requested either from the attending physician or from the director of the healthcare establishment (by registered letter with acknowledgment of receipt). Attach a photocopy of an identity document or the family book if it is a child’s file. Results of examinations, reports of consultations, surgical interventions, prescriptions… are sent within 8 days. Copying and mailing costs are the applicant’s responsibility. It is also possible to consult his file free of charge on site.
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If the undesirable effect is linked to a drug, the first thing to do is to inform your doctor or the pharmacist who will be able to trace the information to the National Pharmacovigilance Network.
You can also self-declare an unusual annoying effect that has occurred following a medical procedure or an examination, or linked to the use of a
product (drug, cosmetic, medical device) on signalement-sante.gouv.fr
Just fill in the form (also downloadable from www.ansm.fr) and send it by email or post to the CRPV (Regional Center for Pharmacovigilance).
What recourse after a medical accident?
If you want to get compensation out of court, you can contact Oniam (National Office for Medical Accidents Compensation) directly by completing the form on www.oniam.fr. It is sent by registered letter with acknowledgment of receipt, to the CRCI (Regional Conciliation and Compensation Commission) of the place where the medical procedure was performed. It is necessary to provide supporting documents (operating report, examination results, work stoppage certificate, etc.) which can establish a link between the damage suffered, including economic damage, and the medical act. After appointing an expert, the commission has 6 months to rule on the compensable damages.
For legal action, it is necessary to seize the high court if the care was carried out by a liberal practitioner or in a private establishment, the administrative court if it was it in the public hospital.
Should a former illness be declared when borrowing?
When the loan is requested for more than 10 years after the end of treatment, the right to be forgotten allows people who have had cancer not to have to declare it. This period is reduced to 5 years for cancers diagnosed before the age of 18.
For those who do not meet these criteria and whose state of health is stabilized, the Aeras* agreement provides for the right to insurance at the normal rate. A reference grid sets the deadlines after the end of the treatments allowing to benefit from conditions without additional premium or exclusion of guarantee (a declaration of state of health remains obligatory). Depending on the type and stage at which the disease was diagnosed, these delays vary: 1 year for some breast cancer, of the skin and of theuterus, 48 weeks for theHepatitis C, between 1 and 8 years for the Colon Cancer and rectum… *Insure and borrow with an aggravated health risk.
More informations
Associations to contact France Assos santé
www.france-assos-sante.org/sante-info-droits
Phone. : (0033)1 53 62 40 30.
Association for assistance to victims of bodily accidents
www.aavac.asso.fr
Advice, help & defense of healthcare users
www.cadus.fr
Association for the assistance of victims of medical accidents and their families
www.aviamfrance.org
The Link Association
lelien-association.fr
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