For a better experience, click the Compatibility Mode icon above to turn off Compatibility Mode, which is only for viewing older websites.

French Medical Malpractice Compensation since the Act of March 4, 2002: Liability Rules Combined with Indemnification Rules and Correlated with Several Kinds of Proceedings


The Act of March 4, 2002 (Kouchner Act), aimed to improve the conditions for compensation of medical accidents, taking into ac-count both the interests of patients and the concerns of doctors. The reforms were made possible by advancing the idea that "the existing system was satisfactory neither for the victims, nor for health professionals." Patients wanted to receive better compensation, equal treatment, and more rapid recovery. Health professionals felt that the courts interpreted rules in ways that expanded their liability. They expressed "growing concern" at this development, fearing a dérive à l'américaine ("a drift to the United States") and the development of "defensive" medicine, a shift perceived as deleterious to patients' interests.