Question 2351 — health

Summary

Mr. Bernard Brochand draws the attention of the Minister of Solidarity and Health to the limitation periods for appeals in matters of medical liability. Article L. 1142-28 of the Public Health Code resulting from Law No. 2002-303 of March 4, 2002 unified the limitation period for medical and hospital liability which varied depending on the legal context. From now on, a single period of ten years is applied, running from consolidation of the damage. The starting point of this deadline raises difficulties. In fact, this is constituted by the “consolidation of the damage”, and not by the first medical observation of this damage. However, in certain cases, the condition of certain victims is never stabilized and even continues to worsen. This is why he asks him if it would not be appropriate to return to the thirty-year limitation period for victims whose damage has never consolidated and what measures it intends to take to put an end to this situation.

Machine translation from French. The official text remains authoritative.

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