The 21st century with its advanced medical setups has made it easier to perform medical treatments smoothly.
Yet, things could escalate or go wrong very quickly including major medical decisions gone wrong if done in haste, or carelessly through risky platforms, such as online consultations.
What is Medical Law?
Fortunately, medical law in Belgium ensures the right of a person to get social security, excellent medical services and consultations. Yet, there are times when things do not go as expected:
Both in treatment and medication, things can go wrong:
- It is a case of a medical error when a fault occurs due to medical treatment or as an undesirable and avoidable side effect of medical treatment.
- In the relationship between the patient and the doctor or between the patient and the hospital there is a medical error if a doctor or a hospital is responsible for failures in treatment which have caused harm to the patient.
The responsibility of the doctor or the hospital can be contractual or non-contractual.
It is a case of contractual responsibility if a contract exists between the patient and the doctor or between the patient and the hospital. Even if this is not the case, the doctor or the hospital may be liable based on non-contractual liability.
How Medical Law helps?
With all said, it becomes very crucial that you are represented properly as a victim of a fraudulent or bad healthcare consultation or service; or on the other hand, if you, as a healthcare provider are made victim of a fraudulent claim by your patient. A few such examples where our medical lawyers in Belgium can represent your case of medical law issues may include:
- Medical health insurance claim;
- Dispute on a contract between a patient and medical provider;
- Payment deficit by the patient to the healthcare provider;
- Doctor not taking responsibility of a major bad medical decision;
- Medical error due to bad handling by the hospital;
How can we help?
Since proving medical error as part of a procedure in court is often a long and troublesome process, the government has created a fund for medical accidents. This fund for medical accidents can compensate people for harm resulting from healthcare, caused by an accident for which no one is liable.
This fund can compensate people even if no mistake was made by either a doctor or the hospital. Procedures under the fund are also carried out without the involvement of the court, and they are free of charge.
It is particularly important for the patient that in a case of medical error, often the so-called legal expenses insurance (for the costs concerning juridical procedures) intervenes. In that case the lawyer’s fee is entirely paid for by the insurance company.