Medical malpractice lawyer:
The medical world is a very complex one, and medical errors are legion.
When someone falls victim to medical treatment gone wrong, the consequences are often incalculable.
As medical malpractice attorneys, we receive daily questions from clients about the options available to be compensated for the damages suffered in such a case.
So the question is: What can YOU do as a victim?
Two possible procedures:
As a victim, You can choose to sue the Medical Accident Fund or sue the Court.
The Medical Accident Fund:
The Medical Accident Fund is a government-created body whose mission is to independently assist victims of medical errors or medical accidents.
If You believe You have been a victim of medical malpractice or a medical accident, You can open a case with the Medical Accident Fund through your medical malpractice attorney at no charge.
The Fund will judge whether the file is admissible after receiving a fully completed application form accompanied by the necessary documents.
To the extent that this is the case, the Fund will appoint its own expert.
This expert will initially have to judge whether medical malpractice has occurred.
To the extent that this is the case, the expert will also estimate the physical consequences and You will be able to claim compensation.
The calculation of compensation is a particularly complex matter so it is definitely not an unnecessary luxury to be assisted by a specialized medical law attorney.
However, the Fund may also consider that, strictly speaking, there is no medical malpractice but rather a medical accident.
A medical accident occurs when a complication occurs that is rare and has serious consequences.
In that case, it is called a medical accident without liability (MOZA).
There is a medical accident without liability when there is abnormal and serious injury resulting from a complication.
Serious harm occurs when one of the following criteria is met:
- A permanent disability of 25% or more.
- A temporary disability for six consecutive months or six nonconsecutive months over a 12-month period.
- Particularly severe damage, even economically, to the patient’s living conditions.
- The death of the patient.
Whether there was medical malpractice or a medical accident has no bearing on compensation.
In other words, YOU as the victim will always be compensated.
Court proceedings:
In addition to proceedings before the Medical Accident Fund, You as a victim can always choose to initiate proceedings in court.
In that case, however, YOU will have to prove the existence of medical malpractice.
A medical accident is not enough.
This heavy burden of proof is often a major obstacle to litigation in court.
As a victim, you will have to convince the court that there are sufficient suspicions that the medical provider did not act properly.
In that case, the court may be asked to appoint an expert.
This expert will then have to judge whether there has been medical malpractice on the one hand and in the affirmative case what the consequences are for the victim.
For such proceedings, the assistance of an attorney medical malpractice is obviously an absolute necessity.
FMO or Court: Which should I choose?
Your medical malpractice attorney will help you make the right choice!
Choosing between the two possible paths is often difficult.
After all, every procedure has advantages and disadvantages.
Therefore, it is appropriate to hire a medical malpractice attorney.
The main advantage of the Medical Accident Fund procedure is that it is free of charge.
After all, the Medical Accident Fund itself will cover the costs of the expert it appoints.
The downside, however, is the lead time.
Medical Accident Fund proceedings easily take three years!
Proceedings in court are often faster.
The disadvantage, however, is that the burden of proof is on the victim at that point.
In other words, the victim will have to make a plausible case of medical malpractice to convince the court to appoint an expert.
It is then also the victim who will have to advance the costs of the court expert.
It is only when the court finds that medical malpractice was committed that the health care provider or its insurer will have to reimburse the expert’s fees.
Given this financial disadvantage, it is often advisable to litigate in court only if You can claim legal aid insurance.
Contact us without obligation for an appointment.
Peterfreund & Associates: your law firm in Antwerp.
