Журнал. World association for medical law. The COVID-19 pandemic. Volume 39 2

131 World Association for Medical Law Medicine and Law HEALTHCARE LAWAND THE COVID-19 OUTBREAK IN BELGIUM Thierry Vansweevelt* and Filip Dewallens** Abstract: This article describes the Belgian response to the Covid-19 crisis. 1 Several decisions were taken by the Federal government with far-reaching consequences and restrictions on liberties. These restrictions, such as the requirement for people to stay at home and the closure of shops, derogate from existing legislation and fundamental liberties (private life, freedom of association and free movement). Hospitals had to cancel all consultations, tests and non-urgent medical procedures and had to prohibit visits. This article focuses on the consequences of these measures on healthcare quality. Telemedicine and triage via telemedicine are protective measures but can also lead to diagnostic errors. Triage undertaken in hospitals and nursing homes could affect the right of equal access to healthcare. Lack of personal protective equipment and defective mouth masks could also trigger the liability of the hospital or the government. It is critically important and reassuring for healthcare providers that insurance companies have confirmed coverage for healthcare providers’ liability in these unusual circumstances. Keywords: Covid-19; Health Law; Belgium Introduction In response to the Covid-19 crisis, several decisions were taken by the Belgian federal government with often far-reaching consequences and restrictions on liberties. These restrictions included the requirement for people to stay at home and the closure of shops, derogate from existing legislation and fundamental * Professor University of Antwerp, Belgium, WAML-Governor, partner Law firm Dewallens & partners. thierry.vansweevelt@uantwerpen.be ** Professor University of Antwerp and Catholic University of Leuven, Belgium, managing partner Law firm Dewallens & partners. 1 Legislation in this article was up to date as of 1 May 2020 Med Law (2020) 39:2:131-150

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