Medical Law

In most jurisdictions, as is the case in Belgium, legislation is in place whereby the liability for medical accidents is construed on the principles of strict liability where a victim / patient suffers important and abnormal consequences after having a medical treatment.  The notion of important will depend on the grade of definitive or duration of temporary disability.

In other jurisdictions the victim (or heirs) of a medical error need to prove the error committed by a physician, dentist, nurse etc. and still others  foresee in a mixed system, also depending on the type of medical treatment (aesthetic surgery, medical experiments).  The intent of strict liability is to give the patient the opportunity in a short period of time (in general within 9 months) to obtain compensation without the burden of proof, known difficulties and consequently with moderate proceedings costs.

The victim may also be eligible to obtain compensation from a dedicated fund as the Fund for Medical Accidents, who in turn can take recourse against the liable medical practitioner and the insurer.  Inter-related areas of support as product liability law and insurance law may in some cases not be overlooked as the knowledge of same might have impact on the accurate advice to be provided.  In most jurisdictions as in Belgium the principle of compensation is resitutio in integrum or compensation in full.

More specifically on medical matters, A-LAW has experience in domestic and cross border markets with:

• institution and defense of claims under the legislative framework applicable to medical accidents and liability of medical practitioners, hospitals and medical care institutions;
• research on patient’s rights and obligations and claims for compensation under the applicable law from the party in default, fund or insurer;
• research on hospital and medical practitioners’ (physician, dentists, nurses) liability;
• claims and counterclaims against product liability insurers;
• organization of amicable and juridical surveys, evaluation of personal injury and so on.