L'accident médical non fautif : bilan de deux années d'activité de la commission régionale de conciliation et d'indemnisation des accidents médicaux de la région PACA

The interpretation of NFMA has undergone an evolution during this two-year period. In 2004, previous poor health status precluded acknowledgment of a medical accident, the argument being that there was a predisposition to the complication which occurred. In 2005, compensation was based on a reduced Partial Permanent Disability score compared to the patient's previous health status. This became a means of measuring the impact of the medical complication on an already predictably unfavorable clinical course without medical intervention, and the legal aspect of the “ineluctable nature” of this course.