Mediation in the Belgian health care sector: Analysis of a particular issue - The material scope of application of mediation

In this paper, the material scope of application of mediation regulated in the Belgian Act of August 22nd, 2002 on Patient's Rights will be discussed in detail. In accordance with this Act, a mediator only has the competence to handle patients' complaints concerning the medical and care aspects of patients' rights, such as complaints relating to informed consent, access to medical files, etc. In practice, it has been observed that issues relating to administrative matters also give rise to complaints and that some patients do not know with whom they should lodge such complaints. Some clarification is necessary for a clear and proper complaints procedure that works. One possible solution is the creation of a single institution that would be in charge of handling both kinds of complaints. Such a solution has to be enacted in accordance with Belgian federalism. © PROBOOK 2011.