L'anormalité du dommage né d'un accident médical non fautif

The Act of 4 March 2002 defines the conditions of the compensation of medical accidents without malpractice. The damage caused by the medical act must have had abnormal consequences knowing the health status of the patient and the foreseeable evolution of this health status. The reference to the abnormality of the damage is ambiguous, which allows a margin of interpretation for the court, contrary to the lawmaker's will. The French Conseil d'État has defined the abnormal consequences by two decisions on 12th December 2014, according two criteria: the seriousness of the consequences and, in a subsidiary manner, the likelihood of the risk.