FRANCE- In 2002 the French government implemented a program to compensate victims of nosocomial infections (infections contracted during medical treatment). Victims are entitled to financial compensation without having to consult a lawyer or go to court. In complex cases, legal fees can be exorbitant.
It should be noted that the number of claims made to the compensation board does not accurately reflect the true number of NI's. The French organization Le Lien (Association de lutte contre les infections nosocomiales), a patient's rights organisation, recently announced that it will henceforth request a written report for each and every NI that occurs before it is sent to the French Centre for Disease Control and Surveillance (INVS: Institut de veille sanitaire). "If the report is not sent, or if a NI goes unreported, Le Lien will notify the ARS (Agence régionale de la santé), a regional sub-division of the French Ministry of Health.
According to information published by the Le Lien, the compensation system works as follows:
- Any victim of a medical accidents or mistake can apply for compensation without having to go to court. The procedure is non -adversarial and free of charge.
- Should direct negotiations fail to produce a satisfactory result, the victim can appeal directly to the CRCI (Commission régionale de conciliation et d'indemnisation des accidents médicaux). http//www.oniam.fr/dispositif.php.
- Appeals to the commission are free of charge and do not require a lawyer. However, it is possible to be represented by a patient's rights association such as Le Lien.
- Any person suffering from a bone infection with complications can contact the appropriate medical centre (reference centre) in order to obtain a specialist's opinion or be represented by a specialist before the commission.
- Patients are free to choose their doctor and hospital.
- A surgeon who feels unable to treat a difficult case is required to contact a specialist.
Serious infections, in particular MRB's (multi-resistant bacterial infections), have an adverse impact on patient's health often resulting in permanent or temporary incapacity, and even death. In Quebec treatment costs lasting months or even years after a patient leaves the hospital can be exorbitant, even in cases where the patient has private insurance. For example, treating an out-patient on a daily basis with the antibiotic vancomicyn costs roughly $800 a week, even more when higher doses are required. Treatment often lasts two months or longer, may need to be repeated for a number of years, and is not necessarily covered by public health care for all patients. In certain egregious cases, medical expenses have resulted in financial ruin for the patient.
ADVIN advocates the implementation of a program that compensates victims of NI's, provides help to patients, and allows them to make a claim without having to hire a lawyer. The compensation system should be established within a non-adversarial, no-fault perspective in order to avoid laying blame or trying to establish proof of responsibility.
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