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Medical liability in Belgium: your rights in the event of a medical error

Medical liability in Belgium: your rights in the event of a medical error

A medical error or medical incident can have serious consequences for your health and your life. In Belgium, as a patient, you have the right to claim compensation when a health care provider made a mistake that caused your harm.

When is there medical liability?

A health care provider is liable when he has committed an error that a normally careful professional would not have made under the same circumstances. This may include a diagnostic error, an operative error, incorrect treatment or failure to inform the patient of risks.

In addition to fault, there must be a causal relationship between that fault and the harm suffered. This connection is often the most contested element in a medical liability claim.

The Medical Accident Fund

In Belgium, the Medical Accident Fund (FMO) exists to intervene in serious medical incidents where liability is difficult to prove. The FMO can award compensation when a medical incident has resulted in serious harm to the patient, even without fault on the part of the health care provider.

How do you proceed?

A complaint for medical liability starts with collecting your medical records. Then you have a medical expert analyze your file. Novex Lawyers guides you through these steps and acts in civil court or the FMO.

Do you suspect medical malpractice? Contact Novex Lawyers for legal advice.