[Compensation of victims of nosocomial or post-transfusion hepatitis C virus infection].
The purpose of this review is to inform physicians about the procedures for compensation of victims of nosocomial or post-transfusion hepatitis C virus infection. The different procedures are described in reference to the legislation and regulations. According to the law dated March 4, 2002 if Hepatitis C is contracted during care, in a private or public hospital, the hospital (and not the physician) is responsible for the damages resulting from the nosocomial infection, except if evidence of another cause is provided. For post-transfusion hepatitis C, the patient must show that a transfusion took place prior to the diagnosis of hepatitis C. The patient must also prove that there were no other sources of infection. The French Institute of Blood can sometimes not be held responsible by proving that none of the donors of the transfused blood were infected with the hepatitis C virus. This is a no fault system. Different examples of litigation show the important role of physicians, who must be aware of the main points of the procedures to better understand what is entailed by the medical certificates which the victim may request and also to provide him with any other steps to be taken to obtain compensation.
Manaouil
Cécile
C
Service de Consultation de Médecine Légale, CHU d'Amiens. manaouil.cecile@chu-amiens.fr
Capron
Dominique
D
Nguyen-Khac
Eric
E
Jardé
Olivier
O
D001803:Blood Transfusion / Q000331:legislation & jurisprudence; D035881:Compensation and Redress / Q000331:legislation & jurisprudence*; D003428:Cross Infection / Q000635:transmission*; D005602:France; D006526:Hepatitis C / Q000635:transmission*; D006801:Humans; D016365:Liability, Legal; D065227:Transfusion Reaction