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T Perrin C
T Perrin C, Consultant: information en droit du travail
Category: French Law
Satisfied Customers: 1343
Experience:  8 years as a Senior judge at Paris Conseil de Prud'hommes (Paris Industrial Tribunal)
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I have a case of Praetium Doloris but am finding it very difficult

Customer Question

I have a case of Praetium Doloris but am finding it very difficult for a French advocat to take on even tho it should be a straightforward case with the doctor/hospital insurance footing the bill after 1 or 2 letters with chronological proof ... I am wondering IF you have to DIE in France for there to be a case??



carole-anne moore
Provence, France
Submitted: 10 months ago.
Category: French Law
Expert:  T Perrin C replied 10 months ago.
Hello,
No there are rather long but well-established procedure to obtain compensation in case of medical malpractice in France. A precium doloris case in a civil court is not usually the most recommended. This maybe why the lawyers you contacted may be reluctant to take on the case. Did they say why they would not represent you?
Customer: replied 10 months ago.


No I really did not receive a 'genuine' answer more sort of evasion as I asked this question of them. Now I am asking you. If one receives negligent treatment from a physician in France, that resulted in great pain and could have resulted in death what does one do????

Expert:  T Perrin C replied 10 months ago.
The first step, if you are victim of a malpractice is to gather all the information from the hospital and/or medical professional who treated you and have your case analyzed by a medical expert.
Based on this expertise, you can claim compensation by seizing the Commission Régionale de Conciliation et d’Indemnisation des victimes d’accidents médicaux (CRCI), assisted by a medical expert and most advisably by a lawyer. This is the shorter procedure.
Following this, or alternatively, you can seize a tribunal but the procedure will be different whether you were in a public hospital (administrative court) or in the private sector (civil courts). In the latter case you may also enter in a transaction with the hospital insurer.
It is likely that, during the procedure, the hospital or its insurers request that other expertise be done.
Customer: replied 10 months ago.

then in fact 'nothing can be done' that is without a lengthy procedure and significant funds being paid out by the plaintiff without sure success. Sounds like a 'no-win' situation to me and like said at the outset 'one has to die' for anything significant to be done and in France that is not even sure!!


Thank You!

Expert:  T Perrin C replied 10 months ago.
No, the CRCI is a rather short procedure designed quite recently to speed up the process for the plaintiff. Hundred of medical accident cases, involving malpractice or not, are handled by theses commissions every year.

One should point out that a claim process whether in court, or out of court, if France or elsewhere is never a "sure win". Of course proof of physical damages suffered and responsibilities is often an expert battle. But it is the same in other judiciary systems too, as no insurer has been known to pay without thoroughly checking facts and origins of facts...

Customer: replied 10 months ago.

But experts in France cost a lot of money and often lawyers in the US will do this kind of case (given enough proof - open and shut in my case) on a contingency basis and take 33% of the actual judgement amount.

Expert:  T Perrin C replied 10 months ago.
Yes. But lawyers in France are not allowed to work on a contingency basis only.
Customer: replied 10 months ago.

Just because they are 'not allowed' does not mean they do not! Especially in these times. But generally speaking everyone in France is averse to RISK!

Expert:  T Perrin C replied 10 months ago.
Indeed some may be tempted to cross the line. But they face harsh sanctions if caught.
As for your other consideration, this is not entirely untrue...
T Perrin C, Consultant: information en droit du travail
Category: French Law
Satisfied Customers: 1343
Experience: 8 years as a Senior judge at Paris Conseil de Prud'hommes (Paris Industrial Tribunal)
T Perrin C and other French Law Specialists are ready to help you
Customer: replied 10 months ago.

Look M. Perrin: tout ce que je veux, c'est de trouver q'un d'un niveau de pouvoir qui peut envoyer une lettre pour moi a ce chirurgien plastique (bien connu a Marseille) pour lui dire ce qu'il m'a fait souffrir. Il etait bien castigue par le medecin aux urgences, mais s'il n'est pas possible de recuperer de l'argent, je veux bien qu'il a des soucis pour sa profession. Un chirurgien plastique qui ne donne pas des AB a son patient apres la chirurgerie ne merite pas etre chirurgien!

Expert:  T Perrin C replied 10 months ago.
Le service que vous demandez ne peut légalement vous être rendu que par un avocat.

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