Health Policy. 2013 Sep 25. pii: S0168-8510(13)00229-7. doi: 10.1016/j.healthpol.2013.09.004. [Epub ahead of print]

"No-fault" compensation for victims of medical injuries. Ten years of implementing the French model.

Barbot J, Parizot I, Winance M.

Source

Sociologist at INSERM - Institut National de la Santé et de la Recherche Médicale, Paris, France. Electronic address: janine.barbot@inserm.fr.

Abstract

CONTEXT:

For decades and in many countries, the issue of compensation for victims of medical injuries has led to lively debates. In 2002, a law set up a new model for compensation in France - based on the creation of a "no fault" compensation scheme and of an out-of-court settlement mechanism. This is one of the most recent models to have been adopted in European countries. This article analyses the choices made by the law and discusses the key figures of its ten years of implementation.

METHODS:

We conducted (1) a study of debates regarding compensation for victims of medical injuries in France; (2) a comparative analysis of the different models of compensation which had already been adopted in different countries; (3) a study of primary sources provided by the bodies in charge of the French new out-of-court settlement mechanism; and (4) a statistical analysis of the exhaustive list of 18,258 claims filed between 2003 and 2009.

RESULTS:

The article highlights the context which led to the adoption of the 2002 law on the quality of care and patients' rights. It analyses, from a comparative standpoint, the specificities of the new compensation model set up by the law. It shows how the opportunities for victims of medical injuries to be compensated had improved in France. Finally, we discuss the limits of the new model and what the next step might be to improve access to compensation for victims of medical injuries.