De privaatrechtelijke rechtspositie van de patiënt/In Europees perspectief

Abstract

This report discusses the position of the patient under the applicable substantive law. A comparison is made between the legal position of the patient in Belgium and the Netherlands. This is done on the basis of seven case studies, which are placed under five headings: the liability of the individual doctor, „informed consent", liability for damage to property, liability for a doctor's assistants, and exemption. Of considerable interest is the introduction, in the Netherlands, of legislation relating to contracts for medical treatment. However, it also emerges from the discussion of the seven case studies that in questions of tort liability, it is the general part of the law of obligations which provide the crucial rules. On this issue, however the Netherlands law has a great deal to learn from others. There are few grounds for fearing any „American situations". It would appear advisable to experiment using insurance agreements for injuries to patients.