[Compensation for vaccination accidents].
The compensation of the inoculation accidents evolved after the law of August 9th, 2004 which stated the conditions of a complete repair of the attributable damages in a compulsory inoculation in conformance with the National Solidarity. The Office National d'Indemnisation des Accidents Médicaux, des Affections Iatrogènes et des Infections Nosocomiales (ONIAM) ensures this repair. For the not compulsory inoculations, the medical responsibility can be called only in conformance with a fault committed by the doctor. In spite of the absence of link scientifically established as in the inoculation of the hepatitis B and the induction of a multiple sclerosis at the end of 2008, the jurisprudence in vaccinal accidents varies according to the civil, social, administrative jurisdictions. The appreciation of the link of causality between the inoculation and its consequences is more rigorous in front of the civil jurisdictions than in front of the administrative or social jurisdictions.
Gromb
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Service de médecine légale, hôpital Pellegrin, CHU de Bordeaux, place Amélie-Raba-Léon, 33076 Bordeaux cedex, France.
Dupon
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D035881:Compensation and Redress / Q000331:legislation & jurisprudence*; D005602:France; D006801:Humans; D008508:Medication Errors; D014611:Vaccination