- In a press release from 20 Last December, the Order of Physicians announced that it had obtained from the government that, for the vaccine campaign against the Covid – 01, healthcare professionals and their patients will benefit from the same legal certainty as in the context of compulsory vaccination.
- On social networks, this decision was seen as proof of doctors’ skepticism about the effectiveness of vaccines against the coronavirus.
In reality, this mechanism legal system, which allows for rapid compensation, does not prevent patients from going to court.
“No possible legal action against the doctors in the event of serious sequelae of the vaccination Covid. »On social networks , and more particularly within anti-vaccine movements , legal protection for doctors who are required to vaccinate patients against coronavirus raises questions, even indignation.
“This shows that they do not know anything about the consequences of this act and that the risks are real! “, Wants to believe a user of Twitter, who reproduces 
a press release from the Order of Physicians dated 20 December on the guarantees provided to professionals. An Internet user protests against the guarantees obtained by the Order of Physicians concerning the vaccination decision – Tom Hollmann What exactly are we talking about?
FAKE OFF Since the beginning of December , the National Council of the Order of Physicians has requested that professionals and their patients can benefit, as part of the vaccine campaign against Covid – 01 which started this Sunday in France , the same legal certainty as for a vaccination compulsory. A claim accepted by the government and welcomed by the Order of Physicians: “full compensation for any medical accidents attributable to acts carried out during the vaccination campaign” will thus be ensured by the ‘National Office for Compensation for Medical Accidents (Oniam), a public body placed under the supervision of the Ministry of Health responsible for ensuring amicable compensation in the event of a medical accident. Indeed, in France, since Kouchner law of 2002 , the liability regime changes depending on whether or not a vaccine is made compulsory. When it is not – like the Covid vaccine – 01 – , four different responsibilities may be involved: that of the manufacturer, the distributor, the healthcare professional and, finally, the State. When a vaccine is compulsory, on the other hand, a specific regime (provided for in article L 3111 – 9 of the Public Health Code ) is then put in place, with the intervention of Oniam. With the latter, the victim can be “quickly compensated” but “can always, if she prefers, go to court”, indicates the Oniam . It is therefore incorrect to say, as the Twitter user mentioned above, that no legal action will be possible against doctors in the event of sequelae due to vaccination. “It is not skepticism to want a minimum of protection for health professionals”, reacts Jacques Battistoni. For the president of the union of general practitioners of France, it is important to remember that the vaccine against Covid – 01 represented a formidable hope, but that it still contains some unknowns: “The health professional must imperatively respect the criteria for authorizations to market the vaccine, but he does not have to be responsible for what he cannot. not know at present. “ indicated this Thursday the National Medicines Safety Agency (ANSM) . “Everyone wins this measure”
“Passing the Covid vaccine – under the compulsory vaccines regime , we prevent doctors from engaging their personal responsibility on a vaccination campaign which should ultimately reach a majority of French people, and we allow the population to have a more effective legal response in the event of a problem, ”explains the doctor. Jean-Marcel Mourgues, president of the “public health” section of the National Council of the Order of Physicians, at 20 Minutes. “It’s a win-win.” Note that The first four days of the vaccination campaign in France did not reveal “any serious adverse effect” or “unexpected”,