La jurisprudence Perruche perdure pour les enfants nés avant le 7 mars 2002

Abstract

The European Court of Human Rights (ECHR) condemned France on February 3, 2022, opting for the eradication of any form of retroactivity of the law of March 4, 2002. Compensation for the child due to a lack of diagnosis during pregnancy remains possible for births prior to March 7, 2002, even if the action, with a view to compensation for the damage to the child, has been initiated. after the date of March 7, 2002. For children born after March 7, 2002, the application of article L 114-5 of the code of social action and families is essential, which is unfavorable to children born with an undetected handicap. Even in the event of a blatant fault at the origin of a lack of diagnosis by the health professional, no compensation for a child born with a disability can be obtained any longer.