CURRENT NEWS COLUMN: LIABILITY INSURANCE FOR HEALTHCARE PROFESSIONALS

Abstract

More than 10 years after the introduction of compulsory
insurance for health professionals and the creation of the
ONIAM, uncertainties and dissatisfaction remain. This
column seeks to provide primarily a legislative and
judicial review of such insurance on the most
controversial issues: the financial and temporal extent of
insurance coverage and relationships ONIAM / Insurers.
In both cases, the expiration or exhaustion of the
warranty are as detrimental to the insured as they are to
the victim. Recent solutions have been found for health
professionals in private practice with the creation of a
guarantee fund for damage resulting from acts of
prevention, diagnosis or treatment. More broadly, in the
friendly settlement procedure, the ONIAM must, in
principle, be substituted for the insurer in case of inertia,
overdraft or lack of insurance. Similarly, ONIAM is now
responsible for compensating victims of contamination by
transfusion hepatitis C and is therefore substituted for the
EFS. But these substitutions are not necessarily that
simple.