Section 2: Out-of-court settlement procedure in the event of medical accidents, iatrogenic conditions or nosocomial infections

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Article L1142-7

French Public Health CodeIn force

Updated 8 Nov 2023

A complaint may be lodged with the Commission by any person who considers himself to be the victim of damage attributable to a preventive, diagnostic or health care activity or, where applicable, by his legal representative in the case of a minor. A claim may also be lodged by the legal successors of a person who has died as a result of a preventive, diagnostic or care activity. If the victim is an adult subject to a legal protection measure with representation, the person in charge of this measure may also refer the matter to the commission.

The person concerned must indicate his or her status as an insured person and the social security organisations to which he or she is affiliated for the various risks. They must also inform the Commission of any benefits received or to be received from other third-party payers in respect of the damage they have suffered.

The person must inform the Regional Commission of any legal proceedings relating to the same facts that may be in progress. If legal action is taken, the person concerned must inform the judge that the matter has been referred to the Commission.

Referral to the Commission suspends the limitation periods and the time limits for appeals until the procedure provided for in this chapter has been completed.

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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