Conseil d'État, 5ème chambre, 31/12/2020, 428835, Inédit au recueil Lebon
Counsel: | SCP LYON-CAEN, THIRIEZ ; SCP SEVAUX, MATHONNET |
Court: | Conseil d'Etat (France) |
Judgement Number: | 428835 |
Record Number: | CETATEXT000042854715 |
Writing for the Court: | M. Jean-Dominique Langlais |
Mme B... A... a demandé au tribunal administratif de Caen de condamner l'Office national d'indemnisation des accidents médicaux, des affections iatrogènes et des infections nosocomiales (ONIAM) à prendre en charge la réparation des préjudices qu'elle estime avoir subis du fait de sa prise en charge au centre hospitalier de Lisieux. Par un jugement n° 1502458 du 27 décembre 2016, le tribunal administratif a condamné l'ONIAM à lui verser la somme de 234 840,40 euros.
Par un arrêt n° 17NT00789 du 11 janvier 2019, la cour administrative d'appel de Nantes a, sur appel de Mme A... et de l'ONIAM, réformé ce jugement, condamné l'ONIAM à verser à Mme A... une somme de 98 196,99 euros en capital et une rente annuelle de 11 400 euros, et rejeté le surplus de ses conclusions.
Par un pourvoi sommaire et un mémoire complémentaire, enregistrés les 14 mars et 14 juin 2019 au secrétariat du contentieux du Conseil d'Etat, Mme A... demande au Conseil d'Etat :
1°) d'annuler cet arrêt en tant qu'il rejette le surplus de ses conclusions ;
2°) réglant l'affaire au fond, de faire droit à son appel et de rejeter l'appel de l'ONIAM ;
3°) de mettre à la charge de l'ONIAM la somme de 5 000 euros au titre des dispositions de l'article L. 761-1 du code de justice administrative.
Vu les autres pièces du dossier ;
Vu :
- le code de la santé publique ;
- le code de justice administrative et le décret n° 2020-1406 du 18 novembre 2020 ;
Après avoir entendu en séance publique :
- le rapport de M. Jean-Dominique Langlais, maître des requêtes,
- les conclusions de Mme Cécile Barrois de Sarigny, rapporteur public.
La parole ayant été donnée, après les conclusions, à la SCP Lyon-Caen, Thiriez, avocat de Mme A... et à la SCP Sevaux, Mathonnet, avocat de l'Office national d'indemnisation des accidents médicaux, des affections iatrogènes et des infections nosocomiales.
Considérant ce qui suit :
1. Il ressort des pièces du dossier soumis aux juges du fond que Mme A... a subi le 6 avril 2010 au centre hospitalier de Lisieux une opération dont les séquelles ont été regardées comme résultant d'un accident médical non fautif, ouvrant droit à prise en charge au titre de la solidarité nationale. Mme A... se pourvoit en cassation contre l'arrêt du 11 janvier 2019 par lequel la cour administrative d'appel de Nantes a, sur son appel dirigé contre le jugement du 27 décembre 2016 du tribunal administratif de Caen, fixé le montant de...
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