One out of seven doctors worried about damage claims

Patients or relatives who feel a medical specialist has made a mistake can file a legal complaint but can also demand damages from the Fund for Medical Accidents (FMO). The fund was created in  2010 to preserve the reputation of doctors and hospitals. If the patient’s complaint is valid but no mistake on the part of the caregiver can be determined, the fund can still provide compensation.

The UHasselt survey of more than 500 doctors shows that about 85% of them are aware of the existence of the fund. A majority of them say that the ability for patients to claim damages has a major impact on their work.

About one in seven doctors said that they treat fewer patients with a high-risk profile – a patient with diabetes who suffers a heart attack, for example – because of a fear of damage claims. Nearly one out of six engage only !in low-risk treatments for their patients.

More than one-fifth of Belgian doctors, meanwhile, engage in extra research before offering a diagnosis and nearly the same number refer patients to another specialist for a second opinion.

The Belgian Association of Doctors Syndicates is concerned about the evolution. “Doctors are afraid of finding themselves in an American-type of situation, which involves lawyers convincing patients to sue hospitals” chair Marc Moens told De Morgen.

Nearly one in five doctors who work in a high-risk specialist profession such as anaesthesia or neurology, expect to see themselves or a colleague face a damage claim in the coming year.

“Interviews with specialists show that they often don’t understand why a patient takes such steps,” said UHasselt researcher Wim Marneffe, who also emphasised that that doctors have been communicating more openly with patients over the last few years, thanks to the FMO. “Doctors more readily inform patients about an incident and are more quick to consult colleagues.”