Belgique : le no fault en droit médical enfin une réalité ? - RDE 07406
Auteur | Legal News |
La Belgique s'est dotée au mois de juillet 2007 d'une nouvelle loi en matière de réparation des dommages résultant de soins de santé. La loi du 15 mai 2007 prévoit la réparation d'un dommage sans qu'aucune responsabilité ne doive être établie. Les dommages résultant d'une prestation de soins de santé, résultant de l'absence d'une prestation de soins ou résultant d'une infection contractée sont indemnisés. Sont exclus du champ d'application de la loi, les dommages résultant de l'état initial du patient, de sa faute intentionnelle, des risques ou des effets secondaires normaux. Contrairement à la jurisprudence française, la Belgique ne reconnaît pas le préjudice du seul fait de sa naissance. Aucune action en justice ne pourra être intentée contre un prestataire de soins sauf en cas de faute intentionnelle ou lourde de celui-ci. Les patients et leurs ayants-droit seront indemnisés via le fonds des accidents soins de santé, qui sera...
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