There are fewer medical liability court cases in Belgium than in most Western Anglo-Saxon countries, where suing professionals has become common practice. However, with the influence of US and English law and practice, Belgian litigation in the sector has seen a dramatic development in recent years, leading to a wealth of related case law.
Gone are the days when suing physicians, lawyers or architects for professional misdemeanours was considered a taboo. A case tried some time ago before the criminal tribunal in Brussels highlights this relatively new shift towards increased professional accountability.
The case concerned a 9-year-old girl who injured her knee in a car accident while holidaying on the Greek island of Rhodes. She was taken to a Hospital in Brussels on her return to Brussels, where she had several operations. During one of these, the anaesthetist did his usual preparatory work before the intervention of the surgeon. The girl died before here operation was complete, due to sudden low blood pressure and heart failure.
The anaesthetist and the surgeon where sued for negligence in their work that led to the girl’s death. The surgeon was found not guilty because no negligent behaviour could be proved on his part; the anaesthetist, on the other hand, was condemned for being absent during a critical stage of surgery and for the mismanagement of this department. The case shows how, when negligence is proven, professional errors that result in injury or death may entail criminal liability. This can require the payment of a fine to the state or lead to imprisonment. Civil liability, meanwhile, can lead to the payment of an indemnity to the victim or to his or her family.