Section 3: Expertise procedure for medical accidents

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Article L1142-10

French Public Health CodeIn force

Updated 8 Nov 2023

A National Commission for Medical Accidents, attached to the Ministers of Justice and Health, made up of health professionals, user representatives and qualified persons and whose chairman is appointed by the Minister of Justice and the Minister of Health, decides on the inclusion of experts on a national list of medical accident experts after assessing their knowledge. It contributes to the training of these experts in medical liability, under conditions defined by decree.

The National Medical Accidents Commission is also responsible for drawing up recommendations on the conduct of expert appraisals, ensuring that this chapter is applied consistently by the regional commissions set up under article L. 1142-5 and evaluating the system as a whole in a report submitted to the Government and Parliament each year before 15 October. In order to carry out these tasks, the commission shall have access, at its request, to information covered by medical confidentiality under conditions determined by decree in the Conseil d'Etat, so as to preserve the confidentiality of this data with regard to third parties.

The composition and operating rules of the National Medical Accidents Commission are laid down by decree in the Conseil d'Etat.

Mariela Petrova

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Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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