What to do in the event of a medical accident?*
We speak of a 'medical accident' when you experience abnormal damage during medical treatment, hospitalization or a medical examination.
Were you the victim of a medical accident? Do you want:
- receive a statement from the healthcare provider;
- being recognized as a victim;
- or claim recovery or compensation schemes?
Then mediation may be the best option. That is a way to resolve a conflict through listening and dialogue , whereby you reach agreement .
Do you want to get compensation? This can be done in three ways.
- an attempt at an amicable settlement with the healthcare provider or through his insurer;
- a legal proceeding ;
- the Medical Accident Fund (FMO) . Getting compensation is not easy. It depends on the nature and severity of the damage, the circumstances and whether there is fault in the medical accident.
Do you opt for an amicable settlement or legal proceedings?
Then you have to prove these three elements:
- the fault of the healthcare provider;
- damage and;
- a causal link between the error and the damage.
Do you choose the Medical Accident Fund (FMO)?
- Is the healthcare provider liable? Then you can only receive compensation in certain cases , mainly when the damage is particularly serious.
- Even if there is no error, the FMO can provide compensation, but the damage must be serious and abnormal . Abnormality and severity are defined by law and strictly interpreted by the Medical Accident Fund.
What can CM do for you?
You can contact CM for specialized advice regarding a medical accident.
After you have contacted CM yourself, a specialized employee will call you back. This will check whether you are eligible for social assistance. Some important conditions include:
- that the accident must have happened in Belgium ;
- that you were a CM member at the time of the accident and at the time of the application.
The employee will listen to your story and explain the next steps.
Provide form and supporting elements
Complete the requested forms and provide CM with a complete medical file . A doctor and a lawyer will then analyze your file. Both are experts in the field of medical accidents.
After that analysis, you will be invited for an appointment with the doctor and lawyer. They will answer your questions and advise you as best as possible, so that you can take further steps independently .
* subject to approval by the Health Insurance Fund Control Service.