Article R1112-91 established by Decree No. 2005-213 of 2 March 2005 - article 1 JORF of 4 March 2005
Any user of a health care institution should be able verbally to express his/her grievances to the heads of services of the institution. If this not possible, or if the explanations received are not to the patient's satisfaction, he/she is informed that he/she may submit a complaint or written claim to the legal representative of the establishment, i.e. have his/her complaint submitted in writing for the same purpose. In the latter case, a copy of the document is issued to the patient immediately.
Article R1112-92 established by Decree No. 2005-213 of 2 March 2005 - article 1 JORF of 4 March 2005
The patient's legal representative is notified of all written complaints and claims sent to the establishment. The legal representative either responds promptly, notifying the complainant of the option of appointing a mediator, or he informs the complainant that he will proceed with the referral. The physician mediator is competent to hear complaints or claims directed solely at the organization of care and operation of the medical service, whilst the non-physician mediator is competent to hear other complaints or claims. If a complaint or claim concerns both mediators, they are both called upon together.
Article R1112-93 established by Decree No. 2005-213 of 2 March 2005 - article 1 JORF of 4 March 2005
The mediator, called upon by the legal representative of the establishment or by the person filing the complaint or claim, meets this latter party. Except in cases of refusal or inability on the part of the complainant, the meeting takes place within eight days of referral. If the complaint or claim is filed by a hospitalized patient, the meeting should take place insofar as possible before he/she leaves the hospital. The mediator may meet with the patient's family if he deems it appropriate, or at the request of the latter.
Article R1112-94 established by Decree No. 2005-213 of 2 March 2005 - article 1 JORF of 4 March 2005
Within eight days of meeting with the person filing the complaint or claim, the mediator sends the report to the president of the committee who immediately passes it on, along with the complaint or claim, to the members of the committee and to the complainant. After examining the report and after meeting the person filing the complaint or claim, if the committee deems it necessary, it will make recommendations to solve the dispute or for the applicant to be informed of the possibilities of conciliation or of the other available alternatives. It can also issue a reasoned opinion for filing the case. Within eight days of the meeting, the legal representative of the establishment answers the person filing the complaint or claim and attaches to his letter the opinion of the committee. He sends this letter to members of the committee.