Healthcare law
“The time to repair the roof is when the sun is shining” (J.F. Kennedy)
Healthcare law is one of FAIRWAY's core areas of expertise and this particular branch of law therefore deserves a specialised approach. "Healthcare law" is an umbrella term that covers many areas and, at FAIRWAY, is better described as "law for healthcare professionals". With a strong focus on doctors, FAIRWAY provides these healthcare professionals with a comprehensive range of services, ranging from guidance, advice and assistance on complex legal issues to conflict resolution.
Doctors among themselves
Doctors organise themselves in various forms of collaboration, from informal (often purely verbal) arrangements to companies with legal personality.
FAIRWAY assists doctors in setting up these structures, with questions or problems in implementing them (e.g. exit, financial discussions), or in terminating them. The emphasis is always on preventing disputes, and on alternative dispute resolution when disputes do arise.
Doctors - hospitals
FAIRWAY assists doctors in all phases of cooperation with hospitals. This ranges from the conclusion of the hospital agreement (e.g. advice, review and adjustment), problems arising during its implementation (e.g. financial disputes, sanctions, consequences of mergers) to its termination (e.g. termination by the doctor or dismissal of the doctor).
Doctors - authorities
Doctors come into contact with the various authorities in our country, such as the NIHDI (controls and procedures DGEC/SECM), the Federal Control Commission or the federal and regional authorities (in the context of professional accreditations, mergers, etc.). FAIRWAY provides guidance and assistance in these procedures and assists doctors in the context of complaints or procedures before the Medical Council.
Doctors - patients
A fourth category in which FAIRWAY provides assistance is the relationship between doctors and patients. Within this doctor-patient relationship, questions or problems may arise in the exercise of the healthcare relationship. These legal issues may concern informed consent, patient rights and the GDPR. We also assist the doctor in matters of liability for the care provided.
Training - Continuing Education
Given its years of focused expertise in healthcare law, the team led by Wim Decloedt is regularly invited to present a legal topic in the context of symposia or training events for doctors (LOK/GLEM, professional associations, in-house training, etc.). These training and continuing education sessions can take many forms and be tailor-made for your organisation.
Want to know more?
If you have questions about healthcare law, do not hesitate to contact our office so that we can provide you with expert advice and assistance.
Frequently Asked Questions: Healthcare Law for Doctors
FAIRWAY is a law firm with offices in Vilvoorde and Lede, operating nationwide.
Our healthcare law lawyers assist doctors, associations, and healthcare providers throughout Belgium with disciplinary, contractual, and liability matters. Below you will find answers to questions we are frequently asked.
Doctors - Government
Our healthcare law lawyers assist doctors in procedures before various authorities and support doctors in the context of complaints or procedures before the Order of Physicians.
First, carefully read why you are being invited, when the meeting will take place, and what it is about. Then gather all documents and information related to the case, such as emails, letters, files, or other relevant materials.
Also, note the most important facts and events for yourself, so you don’t forget anything during the meeting.
Also, keep all communication with the Order of Physicians, including the invitation itself.
It may also be useful to consult us in time, especially if you are unsure what to expect from the meeting or how best to prepare. We review the invitation and the file, point out important points of attention, and determine the further approach together with you.
You usually also have the right to be assisted by a lawyer during such a meeting.
Contact FAIRWAY as soon as you receive the invitation, so you are well prepared for the meeting with the Order of Physicians.
A RIZIV/INAMI inspection can be quite intrusive and may in some cases lead to a recovery or a sanction.
Therefore, it is good to know that as a doctor you also have certain rights.
For example, you may know why you are being inspected and what you are being questioned about. You also have the right to explain your position and to be assisted by a lawyer during an interrogation.
There is often substantive room to challenge the position of the DGEC/SECM, as the nomenclature is open to interpretation.
Request assistance from our healthcare law lawyers as soon as possible when you are confronted with an inspection, to protect your rights as well as possible in time.
Doctors among themselves
Our corporate and healthcare law lawyers advise doctors and medical partnerships on setting up, amending, and terminating collaborations.
A partnership agreement deserves proper attention. It is important to make clear arrangements about, among other things, the distribution of income and costs, the work organisation, and the use of staff and equipment.
You should also include rules on illness, absence, holidays, or parental leave.
In addition, consider what happens when a doctor wants to leave the partnership or when a conflict arises. Agreements about patients, files, and the continuation of the practice when someone leaves are also important.
A good agreement prevents disputes and provides clarity, both at the start and at the end of the collaboration.
Have a partnership agreement reviewed legally in advance wherever possible. FAIRWAY helps you to record the arrangements clearly and to avoid problems at a later stage.
First, the partnership agreement and the conditions it contains for exclusion must be examined.
Often, there must be a serious reason, such as a significant contractual breach or a seriously disrupted collaboration. The procedure provided for in the agreement must also be correctly followed.
Exclusion can have major consequences for the doctor concerned and for the functioning of the partnership. It is therefore important to intervene in good time when a conflict within the partnership begins to escalate.
Do not wait until a decision to exclude has already been taken. In the event of a possible exclusion, contact FAIRWAY so that we can examine what options and protective measures exist.
Advertising and online reputation
Our healthcare law lawyers advise on the ethical and legal limits of communication, advertising, and (online) reputation for doctors.
Yes, a doctor is allowed to distribute information about their practice and services, but there are clear limits.
The information must be truthful, objective, relevant, verifiable, and clear. Misleading advertising, exaggerated claims, or advertising that encourages patients to undergo unnecessary tests or treatments is not permitted.
Patient testimonials and certain forms of commercial promotion are also problematic, and the standards are even stricter in aesthetic medicine.
Especially for advertising via social media, a website, or other digital channels, it is important to take these rules into account.
Are you unsure whether a campaign, website, or post is acceptable? FAIRWAY assesses your communication in advance, both legally and ethically.
A negative review is of course unpleasant, but you cannot simply have it removed because you disagree with its content.
As a doctor, you must take into account legislation, your professional secrecy, and ethical rules. For example, you may not comment on the personal situation or treatment of the patient, even if you would like to set the record straight.
In some cases, however, a review can be reported, for example when the content is clearly incorrect, offensive, or otherwise inappropriate.
It is therefore worthwhile to first calmly examine what has been written exactly and whether action can be taken against it. Responding to the review also requires due caution.
Are you unsure what you can and cannot do? FAIRWAY will work with you to determine the best approach in your situation.
Doctors - hospitals
Our healthcare law lawyers assist doctors when their collaboration with a hospital comes under pressure.
A hospital cannot simply terminate a collaboration with a doctor without taking into account the arrangements made and the applicable procedures.
When you notice that your collaboration is under pressure or that your position within the hospital is starting to destabilise, it is important not to wait.
Signals such as tensions with the hospital management, a head of department, or a formal warning can also be a good moment to seek help.
The earlier a lawyer is involved in the situation, the better potential problems can be addressed and further escalation can be prevented.
Preferably, do not wait until a final decision has been taken. At the first signs of difficulties, contact FAIRWAY so that we can protect your rights and interests in good time.
Yes, in certain circumstances a hospital can suspend a doctor, restrict their activities, or terminate the collaboration.
Which measures are possible depends on your agreement, the regulations within the hospital, and the reason for the measure.
A suspension can, for example, mean that you are temporarily not allowed to treat patients or use certain facilities.
On the other hand, the hospital or the chief medical officer must respect specific rules and standards when imposing a sanction.
If you receive signals that a sanction or suspension is being considered, do not wait. Involve FAIRWAY in time to protect your rights and prevent further problems.
Hospitals regularly introduce new financial arrangements that can drastically alter existing agreements with doctors.
The mere fact that the hospital proposes or announces a new arrangement does not mean that it can simply be imposed unilaterally.
You have a contract with the hospital and it cannot simply be changed unilaterally.
Do not allow yourself to be pressured into immediately accepting a new arrangement.
If in doubt, contact FAIRWAY so that we can verify whether the change is legally valid and which steps you can take.
Doctors - patients
For medical liability, three elements generally have to be demonstrated: an error, damage, and a causal link between the two.
The fact that a treatment does not produce the desired result or that a complication occurs is therefore not in itself sufficient to establish liability.
Notify your professional liability insurer immediately if you are confronted with a liability claim and provide them with the documents you have received.
Carefully retain the patient’s file and all relevant communications and do not alter the file afterwards.
Seek timely advice from our healthcare law lawyers: together with your insurer, it can be examined whether there is an error, damage, and causal link.
Under certain conditions, a doctor can charge a fee when a patient does not show up for their appointment.
It is important that this arrangement is clear and communicated to the patient in advance.
The principle of reciprocity also plays a role: the arrangement must not only affect the patient but must be a balanced system that also takes into account situations in which the doctor cannot keep the appointment.
The fee charged must moreover be reasonable and proportionate.
If you have doubts about the validity or the amount of a no-show fee, it is best to have the arrangement legally reviewed by FAIRWAY.
A patient has several rights with regard to their personal data and medical data.
For example, they can ask which data about them is being processed, consult this data, and in certain cases receive a copy of it.
A patient can also ask to have incorrect or incomplete data corrected.
As a doctor, you must handle such requests carefully and examine which information you are allowed to provide.
The privacy of third parties and specific rules regarding the medical file may also play a role.
Are you unsure about a patient’s request? Our healthcare law lawyers advise you on the correct approach so that you respect both the patient’s rights and your own obligations.
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