Expertises en responsabilité médicale : comparaison entre les dispositifs judiciaire et amiable

The expertise in medical responsibility can be requested by a court or by a conciliation and compensation commission (CCI). We compare the judicial proceedings and amicable proceeding, regarding the Medical experts and the expertise. In amicable proceeding, there is a threshold of seriousness which restricts access. The procedure is quicker, less expensive. Be represented by a lawyer is not required. The compensation of a medical hazard under national solidarity will be easier. The experts are chosen on a list established in every Court of Appeal in judicial cases and on a national list for the CCI. Experts must know the specifics of each proceeding because even if the right of medical responsibility is common, from the law of March 4th, 2002, the report of expertise will not be interpreted exactly the same way by the magistrate, on the one hand, and by the members of the society who compose the CCI, of the other one.