Hospital liability for medical errors

Questioner

My husband got a new hip on 19 Dec 2017 in a hospital in Tongeren. The following happened......during the operation my husband regained consciousness...(really fully awake) and it turned out that they had given him anesthesia for someone weighing 40 kg instead of 78 kg. We are now 5 weeks further and he still screams every time he sleeps. He sleeps all day, eats poorly and just stares into space. In short, my husband is no longer my husband since he was discharged from the hospital. I don't know if I am doing the right thing by posting this here, but hopefully you can tell me where I should go.

Lawyer

What an awful situation! I wish your husband a speedy recovery in any case. In principle, the hospital can be held liable if crucial errors have been made that can be attributed to the hospital. You can think of protocols that have not been followed properly. You must provide evidence and substantiate your position well.

Lawyer

First of all, I wish you both much strength in this awful situation. Secondly; A doctor, nurse or other healthcare provider can make a mistake during your treatment, causing you to suffer personal injury. A hospital can be held liable for this. The hospital is liable for personal injury caused by someone working in the hospital. This can be a doctor, but also a specialist hired by the hospital. In the event of personal injury due to a medical error, you can hold the hospital itself liable. However, it must be a culpable error and not a complication. It is difficult to determine whether there is a culpable error or a complication. During operations, protocols must be followed that most likely went wrong in your situation.

Lawyer

What an incredibly annoying situation this is for your husband, but also for you. You are indeed at the right address to ask your question. I see that colleagues have already given an answer about the liability of the hospital. It is indeed true that a hospital can be held liable if there is a culpable error. However, I noticed that you wrote that your husband was operated on in Tongeren. I think I saw it correctly, that Tongeren is in Belgium. If that is indeed the case, then you must take into account that the question of whether the hospital is liable must be answered under Belgian law. Belgium also has a different system than the Netherlands when it comes to medical accidents and the costs of an advocate are not (always) reimbursed. As a personal injury lawyer, I am also specialized in Belgian law and have several medical malpractice cases in Belgium. I can certainly be of service to you and advise you if you are interested. In that case, please feel free to contact me. In any case, much strength! I await your response with interest.