Medical Accident Fund
Medical Accident Fund
You became a victim of a medical accident? You may be entitled to compensation for your damages through the Medical Accident Fund. Our specialized team can, of course, assist you in checking the possibilities.
The Medical Accident Fund (hereafter "FMO") is a solidarity body created by the federal government in 2010 to provide an alternative, amicable compensation scheme that is no longer necessarily linked to a fault of the health provider (i.e. doctors, hospitals, nursing staff, etc.).
Although victims of a medical injury case still have the choice of going to court for compensation for their losses, this administrative procedure just gives them the advantage of a quick, simple and efficient resolution of their claim to avoid lengthy court proceedings.
The FMO's mission is to investigate a health care medical accident, advise on the severity of the harm a patient believes he or she has suffered as a result of health care delivery, determine whether or not the health care provider is liable for it, and whether or not his or her liability for it is adequately insured.
Based on this investigation, the FMO will possibly proceed to award compensation to the affected patient (or his/her rightful claimant(s)).
The FMO is responsible for compensation if any of the following situations occur:
- When the FMO adjudicates or when it is determined that the health care provider in question is liable for the injury, but has no or insufficient insurance, regardless of the severity of the injury;
- When the insurer of the liable health care provider makes what the FMO considers to be a manifestly inadequate compensation offer, regardless of the severity of the injury;
- When the damage was caused by a medical accident without liability and is sufficiently severe;
- When the FMO finds that the health care provider in question is liable, but that provider or its insurer disputes liability, provided that the injury is sufficiently serious.
The third and fourth situations described above require that the injury resulting from the medical accident be sufficiently serious. This is the case if one of the following conditions is met:
- The patient is affected by a permanent disability of 25% or more;
- The patient is affected by temporary disability for at least six consecutive months or six nonconsecutive months over a 12-month period;
- The damage particularly severely disrupts, including economically, the patient's living conditions;
- The patient died.
We can advise you on the appropriateness and chances of success of an administrative procedure before the FMO or a judicial procedure and, if necessary, assist you therein. Please contact us as soon as possible. contact.
