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★ France · medical negligence

Medical negligence claim values
in France.

By Reviewed by Abd Shanti, Founder9 min read

Misdiagnosis, surgical error, delayed treatment. Bands on this page show typical settlement values for medical negligence cases across the relevant severity tiers; each names its source or is marked as a MyClaimWorth estimate. The position within a band depends on facts the page can't see: severity, prognosis, recovery time, the strength of medical evidence, and any percentage of fault attributed to the claimant under France's comparative-fault rule.

★ typical band · France
€100,000 to €500,000
Medical negligence (non-fatal)
MyClaimWorth estimate
★ statute of limitations
10 years from consolidation of the injury

Code Civil art. 2226

Time runs from the consolidation of the initial or aggravated injury, the point at which the injury is stable, as fixed by the medical expert. A new ten year period runs if the injury later gets worse.

★ fault allocation
Faute partagée, proportional reduction

Code Civil art. 1240 et seq. Loi Badinter eliminates the faute defence against motor-injury claimants except in narrow circumstances.

★ caps that bear on this injury

What caps recovery.

Statutory caps and ceilings that apply to medical negligence damages in France.

★ France · procedural pathway

From injury to settlement.

The steps a medical negligence claim moves through under France law, from medical stability to settlement.

  1. 1
    Mise en cause

    Formal demand on the responsible party or insurer. For motor cases under Loi Badinter, the insurer must offer within 8 months.

  2. 2
    Expertise médicale

    Joint or unilateral medical expert quantifies Dintilhac heads. The CRCI / ONIAM route provides a no-fault pathway for serious medical-negligence cases.

  3. 3
    Offre transactionnelle

    Insurer offers settlement. Claimant negotiates against Référentiel Mornet figures.

  4. 4
    Procès

    If no settlement, claim filed in the Tribunal Judiciaire with appellate review through the Cour d'Appel and Cour de Cassation.

★ medical negligence bands · all 15 jurisdictions

Compare to other countries.

How this injury values across the other jurisdictions on the site. Click any country to read the deeper context.

JurisdictionBand
United States$30,000 to statutory capMyClaimWorth estimate
United KingdomValued on the JC Guidelines bracket for the resulting injuryClinical-negligence claims are valued on outcome; NHS Resolution handles most claims in England.
Ireland€30,000 to €400,000+MyClaimWorth estimate
CanadaInjury-dependent; non-pecuniary loss is cappedThe Andrews trilogy cap on non-pecuniary damages applies, indexed for inflation.
AustraliaInjury-dependent; state civil-liability caps applyCivil Liability Act caps on general damages vary by state.
Spain€50,000 to €300,000MyClaimWorth estimate
Italy€100,000 to €500,000MyClaimWorth estimate
Germany€50,000 to €400,000MyClaimWorth estimate
France· you are here€100,000 to €500,000MyClaimWorth estimate
New ZealandACC treatment-injury cover, no negligence claimTreatment injury is covered by ACC without proving fault; the statutory bar on suing applies here too.
SingaporeS$50,000 to S$500,000MyClaimWorth estimate
Hong KongHK$500,000 to HK$3,000,000MyClaimWorth estimate
Japan¥5,000,000 to ¥30,000,000MyClaimWorth estimate
South Korea₩50,000,000 to ₩500,000,000MyClaimWorth estimate
TaiwanNT$500,000 to NT$5,000,000MyClaimWorth estimate
★ France · medical negligence · frequently asked

Common questions.

Each answer stands on its own and draws on the documents named on this page.

★ all of France
Back to France

All injury bands, statutes, caps, and procedural pathway for France.

★ all 15 countries
Medical negligence · everywhere

Cross-jurisdiction comparison of medical negligence bands.

★ the working
How we derive bands

Per-jurisdiction methodology, estimates, and known limits.

★ editorial note

Numbers on this page are starting points, not quotes for any specific case. For representation, consult a solicitor or attorney qualified in France. See /methodology for how each band is derived, /sources for the standing authority list, and /disclaimer for the scope statement.