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[Compensation of damage in cancerology]
Fabrice Hérin1, Frédéric Savall1, Pauline Saint-Martin2
1Service de médecine légale CHU Toulouse-Rangueil, 1, avenue Professeur-Jean-Poulhès, TSA 50032, 31059 Toulouse cedex9, France.
Abstract:
In a few situations, the consequences secondary to a carcinological pathology require an assessment of damages for compensatory purposes. This is particularly the case when liable parties have been found to be at cause of the disease: occupational pathologies in the case of inexcusable employer's fault, exposure to a radioactive risk, for example in the context of full compensation for damages suffered by the victims of nuclear experiments performed by France, or lastly, in the after-effects of late diagnosis. This article does not discuss the imputability of cancer pathologies to an event, but it proposes an adaptation of methods for assessing damages, in an attempt to provide full compensation for damages.
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