MEDICAL LIABILITY, PUTTING THE FINGER ON THE SPOT…

Abstract

The debate concerning the optimisation of the regulation regarding medical liability has been going on for quite a while. The main issues (or more precisely ‘bottlenecks’) of the current system are obvious : the number of damage claims is increasing as is the number of nonadmitted claims. The increasing number of damage payments makes insurance premiums more expensive. Often it takes a long time before victims of therapeutic failure are reimbursed. Physicians, insurance companies and patients feel uncomfortable in the current system. The search for a solution which is acceptable for all parties involved, has known many ups and downs. More than once, politicians have lost face when dealing with this rather complex issue. Therefore the matter was handed over to the academic world : a ‘inter-university working group’ lead by Prof. Fagnart (ULB) en Prof. Vansweevelt (UIA) was asked to elaborate an alternative to the current system. The alternative they proposed was the so-called ‘no fault’ system. In general, the nofault system disconnects the payment of a damage claim from the question whether the physician is guilty of malpractice or not. In order to assure a quick payment, a ‘Fonds voor Schadevergoedingen’ or ‘Fund for Indemnification’ is established and the amount that can be paid to a victim is limited. If a patient wants to initiate a civil action (such as foreseen under the current system) then he or she gives up the right to be paid through the Fund for Indemnification.