Misdiagnosis, surgical error, delayed treatment. Bands on this page are sourced to Référentiel Mornet · Barème Dalloz and reflect the typical settlement values for medical negligencecases across the relevant severity tiers. 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 – €500,000
Medical negligence (non-fatal)
CCI / ONIAM bands + court adjudication
★ statute of limitations
5 years (general); 10 years (medical negligence)
Code Civil art. 2224; Code de la santé publique
Ten years runs from consolidation of the injury for medical-negligence claims.
★ 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.
No statutory cap
All personal injury
Référentiel and Dintilhac heads
Indicative bands plus pecuniary heads; courts retain discretion.
★ France · procedural pathway
From injury to settlement.
The steps a medical negligence claim moves through under France law, from medical stability to settlement.
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
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
Offre transactionnelle
Insurer offers settlement. Claimant negotiates against Référentiel Mornet figures.
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.
Each answer is independently coherent and sourced to the authority documents on this page.
How much is a medical negligence claim worth in France?
In France, medical negligence claims commonly settle in the ranges shown in the band table on this page. The most severe matching band is €100,000 – €500,000 under CCI / ONIAM bands + court adjudication. The exact figure within the band depends on severity, prognosis, recovery time, the medical paper trail, and any percentage of fault attributed to the claimant under France's comparative-fault rule.
What is the statute of limitations for medical negligence claims in France?
5 years (general); 10 years (medical negligence). Source: Code Civil art. 2224; Code de la santé publique. Ten years runs from consolidation of the injury for medical-negligence claims.
Does fault allocation reduce a medical negligence settlement in France?
Code Civil art. 1240 et seq. Loi Badinter eliminates the faute defence against motor-injury claimants except in narrow circumstances. Reductions are calculated as a percentage of the total damages award before any cap is applied.
Are there caps on medical negligence damages in France?
Yes — France applies the following caps that bear on medical negligence claims: No statutory cap. See the caps section on this page for the figures and the conditions under which each applies.
How long does a France medical negligence case take to resolve?
Soft-tissue presentations commonly resolve within 6 to 12 months from medical stability. Complex cases with surgery or contested liability routinely take 18 to 36 months. Cases that proceed to trial commonly take 2 to 5 years. The procedural pathway on this page sets out the typical milestones in France.
Is settlement preferable to trial for a medical negligence claim in France?
For most France medical negligence claimants, yes. The vast majority of personal-injury cases settle before trial. Settlement provides certainty, removes appeal risk, and resolves faster. Trial is appropriate where liability is genuinely contested or where the defendant's insurer is unrealistic about quantum given the published authority.
Numbers on this page are starting points sourced to Référentiel Mornet · Barème Dalloz. They are 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.