An attempt to withdraw coverage by the insurance company in the event of gross negligence. Costs totalling US $ 4.5 million.
In its judgement of 11 June 1993, the Court of Appeal of Brussels upheld the personal liability of a trainee and the in solidum liability of the hospital in a case where an erroneous spinal injection caused permanent paraplegia and incontinence. Although the attempt of withdrawal coverage by the insurance company on base of the concept of gross negligence, did not succeed in this case, it is clear that under the new insurance law of 25 June 1992, several risks will not be covered by the insurance companies in the future. The exemplary list of gross negligence cases, which may be used by the insurance companies, involves predominantly anesthesiology practice. The coverage of several insurance contracts exclude e.g., damages resulting from simultaneous anesthesia, or from the absence of an anesthesiologist during the full course of the surgery and damages resulting from anesthesia in the absence of necessary monitoring and reanimation equipment.
Heylen
R
R
Department of Anesthesiology, Ziekenhuis Oost-Limburg, Genk, Belgium.
Dewallens
F
F
D000775:Anesthesia, Spinal / Q000009:adverse effects*; D006801:Humans; D007351:Insurance, Liability; D008318:Malpractice