Law No.1.541 of 16 December 2022 on nosocomial infections

Law No. 1.541 of 16 December 2022 on nosocomial infections [hospital-acquired infections] (JDM No. 8622 of 23 December 2022) is the result of Bill No. 1040, received on 28 June 2021 by the National Council and passed on 7 December 2022.

It aims at “a fair balance between the interests of patients and those of health establishments” (Committee on Social Interests and Miscellaneous Affairs, Report on the Bill, p. 8).

SUMMARY:

— The three axes of the law are the following:

• Definition of actions to be implemented by health establishments (public and private) in order to prevent the occurrence of nosocomial infections (prophylaxis) – Entry into force six months after publication of the law;

• Framing of the system of liability for fault of the establishment for the harmful consequences of a nosocomial infection;

• Introduction of a mechanism for compensation by the State for damage resulting from a nosocomial infection, in the absence of fault on the part of the establishment, under certain conditions.

— Temporal application of the law:

The provisions governing the liability of the health establishment and compensation by the State will be applicable:

→ to facts subsequent to the publication of the law (on 23 December 2022), and

→ to earlier events for which no legal proceedings have been instituted before this publication.

FURTHER INFORMATION:

— Liability of health establishments (presumption of fault) :

• Subject to the specific legislative provisions applicable to their liability, health establishùents are liable for the harmful consequences of endogenous or exogenous nosocomial infections, in the event of fault.

• In order to be exonerated from liability, the health establishment must prove :

→ either a foreign cause,

→ the absence of fault,

→ the absence of a causal link.

— Compensation by the State only in the event of proof of the absence of fault on the part of the health establishment recognised by a court decision that has become irrevocable:

Compensation may be claimed (within one year from the date on which the court decision became irrevocable or from the consolidation of the claimant’s state of health when this consolidation occurs after this date) by :

• a person who has suffered a permanent functional deficit of at least 25%, attributable to a nosocomial infection ;
• the person suffering from a temporary functional deficit of at least 50% and lasting at least six months, attributable to a nosocomial infection.

In the event of death due to a noscomial infection, the spouse, partner in a cohabitation contract, children and first-degree relatives in the ascending line may apply for compensation (if no compensation has already been paid under the above criteria) (within one year of the person’s death).

The compensation ceiling and the terms of application will be laid down by ministerial order.

Ministerial Order no. 2023-384 of 27 June 2023 (JDM no. 8.649 of 30 June 2023) implementing article 7 of Law no. 1.541 sets out the terms and conditions of compensation by the State.