As specialized medical law attorneys, we very regularly handle cases for the Medical Accident Fund.
In a previous blog, we already explained the difference between medical malpractice and a medical accident without liability.
In either case, YOU as the victim will receive compensation from the Medical Accident Fund.
In the current article, we will elaborate on the term medical accident without liability.
Legal framework:
The Medical Accident Fund (FMO) was created by the March 31, 2010 law on compensation for damages due to health care.
This law was published on April 2, 2010.
In accordance with Article 4 the law, the Fund compensates the victim or his beneficiaries in accordance with common law:
- When the damage was caused by a medical accident without liability.
- When the Fund finds that the injury was caused by a fact that gives rise to the liability of the health care provider whose liability is not covered or not adequately covered.
- When the Fund finds that the injury was caused by the event giving rise to the health care provider’s liability and when the provider or its insurer disputes the liability.
- When the insurer covering the liability of the health care provider who caused the injury makes an offer of compensation that the Fund finds manifestly inadequate.
Conditions of application of a medical accident without liability: When does one speak of a medical accident without liability?
The conditions of application are contained in Article 5 of the law and are as follows:
- The patient is affected by permanent disability of 25% or more;
- The patient has been affected by temporary disability for at least 6 consecutive years or 6 nonconsecutive months over a 12-month period;
- The damage particularly severely disrupts, including economically, the patient’s living conditions;
- The patient died.
As is clear from the article, these are not cumulative conditions.
It is sufficient that one of these conditions is met to speak of a medical accident without liability for which the Fund will intervene.
Expertise:
The Fund decides independently whether it considers that a medical accident has occurred without liability.
When the Fund receives an application, the Fund will appoint an expert.
Unlike before, the appointed expert will not be able to rule on whether or not there was a medical accident without liability.
All that the appointed expert may do is to inform the Fund of the circumstances of the claim and, if necessary, to describe the severity of the claim in such a way that the Fund can deduce that the conditions of Article 5 of the Law have been met.
Importance of assistance by an attorney medical law:
Given the technical nature of the discussion of whether or not a claim can be considered a medical accident without liability, it is best to seek the assistance of a medical law attorney.
With our more than 20 years of experience in such matters, we are uniquely placed to advise and assist you in these matters.
Do you have questions about medical law?
Contact Peterfreund & Associates, your attorney in Antwerp.
