Through mediation
Instead of filing court proceedings, parties involved in a dispute may also opt for mediation*. In that case, a neutral mediator will help you and the opposing party find a solution that is acceptable to both parties. Mediation procedures are legally protected.
Please, click here for comprehensive information on mediation.
If you are looking for a recognised mediator, kindly contact the Federal Mediation Commission (tel.: +32(0)2 210 57 26, secr.commissiondemediation@just.fgov.be)
The Fund for Medical Accidents
If you feel that you have been prejudiced as a result of medical treatment* you received after 2 April 2010, you may report this to the Fund for Medical Accidents (FMA). The FMA will advise you on the liability of the individual healthcare provider concerned. This procedure is amicable and free of charge.
On certain conditions, the FMA will compensate the applicant immediately. This would for instance be the case if serious injuries have been sustained even if the healthcare provider is not guilty of professional negligence. In other cases, the FMA will ask the insurer of the healthcare provider to compensate the victim.
Through the courts
If you feel that your physician may be guilty of professional negligence*, you can file a claim* with the court.
In the case of civil proceedings, the applicant must not only prove that he was the victim of negligence but must also be in a position to substantiate the prejudice suffered and the causal link between the act of negligence and the prejudice.
In criminal proceedings, the applicant must only be able to prove the actual prejudice suffered. However, the judge will only award damages if the offence has been duly demonstrated.
If you are considering going down the legal route, you would be well advised to seek legal advice. Contact details of lawyers have been published on the following websites:
- www.avocats.be (Order of the French-speaking and German-speaking Bar Councils of Belgium)
- www.advocaat.be (Order of Flemish Bar Councils)
For general questions, you can always contact the FPS Justice.
* see Glossary