Medical Law

Medical Law Attorney in Belgium

Mis à jour en février 2026

An operation that goes wrong, a delayed diagnosis, inappropriate treatment, failure to inform about risks: medical accidents can have devastating consequences on patients' lives and their families. Belgian medical law, at the intersection of liability law, health law, and patients' rights, offers avenues for redress to obtain compensation. Since 2012, the Medical Accidents Fund even allows compensation in certain cases without needing to prove fault. But navigating this system - between court proceedings, appeals to the Fund, and disciplinary complaints - requires the guidance of a lawyer who masters this sensitive area.

The medical law lawyer: technical expertise and humanity

Medical law is one of the most technical areas of liability law. To prove medical negligence, you must understand what happened from a medical perspective, identify the deviation from professional standards, and establish the link between this fault and the harm suffered.

The specialised lawyer works closely with independent medical advisers. They know how to read a medical file, ask the right questions to experts, and challenge an unfavourable assessment. This dual legal and medical competence is essential.

They also know the different avenues for redress: liability action against the doctor or hospital, application to the Medical Accidents Fund for serious harm without established fault, complaint to the Medical Council for disciplinary breaches. Each route has its advantages and disadvantages; the choice depends on the situation.

Finally, the medical law lawyer has developed essential listening skills. Clients who consult them are often in physical and psychological distress. Human support is an integral part of the mission.

Medical law lawyer costs

Medical cases are often complex and lengthy. Fees reflect this investment.

For an initial file analysis and opinion on chances of success, expect 500 to 1,500 euros depending on case complexity.

For a complete procedure (gathering the medical file, consulting a medical adviser, negotiations with the practitioner's insurer, possible court action), fees can reach 5,000 to 20,000 euros, or more for cases involving multiple expert assessments.

Appealing to the Medical Accidents Fund is free for the patient. However, lawyer assistance to prepare and follow up the case is recommended - the Fund isn't your ally but an independent body that assesses cases according to its own criteria.

Some lawyers accept success fees for strong cases: they receive a percentage of the compensation obtained, which limits initial costs.

Common medical liability cases

Diagnostic errors - delayed cancer diagnosis, failure to recognise an urgent condition - constitute a significant proportion of litigation. The question is whether a normally diligent practitioner should have detected the disease earlier.

Surgical complications are frequently invoked: nerve damage during surgery, hospital-acquired infection, forgotten foreign body. The line between complication inherent to the procedure and medical fault is sometimes thin.

Failure to inform about treatment risks is an increasingly invoked ground. The patient has a right to complete information to give informed consent. If a known risk wasn't communicated and it materialises, the doctor may be held liable.

Medication-related harm (serious side effects, unreported interactions) may engage the prescriber's or manufacturer's liability.

Finally, inappropriate care in nursing homes, institutional abuse, and failures in psychiatric follow-up also generate litigation.

Trouvez votre avocat spécialisé

Consultez notre réseau d'avocats en medical law et prenez rendez-vous directement en ligne.

Questions fréquentes

What is the Medical Accidents Fund?

Created by the Act of 31 March 2010, this Fund compensates patients who are victims of serious harm resulting from healthcare, even without proven fault by the provider. The harm must exceed a certain severity threshold. The procedure is free but processing times can be long.

Do I have to prove fault to be compensated?

If you sue the doctor or hospital in court, yes: you must prove fault, harm, and causation. Before the Medical Accidents Fund, compensation is possible even without fault if the harm is sufficiently serious and abnormal.

How do I obtain my medical records?

You have a legal right of access to your medical records (Act of 22 August 2002 on patients' rights). Send a written request to the hospital or practitioner. The legal deadline is 15 days. Copying fees may be charged. The practitioner cannot refuse, except for very limited therapeutic exceptions.

What is the time limit for medical liability claims?

The limitation period is 20 years from the harmful event, but with a 5-year period from when you became aware of the harm and the responsible party's identity. In practice, it's prudent to act as early as possible to preserve evidence.

Can I lodge a complaint with the Medical Council?

Yes, you can file a complaint with the Provincial Council of the Medical Association for any disciplinary breach. The procedure is free but doesn't entitle you to financial compensation. The Council can sanction the doctor (warning, suspension, striking off).

How do I prove the link between the fault and my harm?

This is often the most difficult point. A medical expert assessment (amicable or judicial) is generally necessary. The expert examines the file, meets the parties, and gives an opinion on compliance with professional standards and causation. This opinion is decisive for the case outcome.

Is the hospital or doctor insured?

In principle yes, professional liability insurance is mandatory for healthcare professionals and establishments. It's generally the insurer who handles the defence and, if applicable, pays compensation. This facilitates recovery of your claim.

What if I disagree with the Fund's decision?

If the Fund rejects your application or the proposed compensation seems insufficient, you retain the option of going to court. The Fund procedure isn't a mandatory prerequisite and never prevents you from taking legal action.

Nexlaw makes finding a Medical Law expert transparent and simple.

Autres domaines d'expertise

Droit de la famille Droit du travail Droit pénal Droit des étrangers Droit des sociétés Droit immobilier Divorce et séparation Droit de la consommation