Appealing to the National Health Mediation and Information Service

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The mission of the National Health Mediation and Information Service's (Service national d’information et de médiation santé) is to:

  • inform both patients and healthcare providers of their respective rights and obligations;
  • prevent and settle disputes between patients and healthcare providers (professionals or institutions).

Who is concerned

The National Health Mediation and Information Service may be consulted for informational purposes, or may be appealed to by:

  • any patient;
  • anyone representing the patient in the exercise of their rights (an appointed person of trust, parents of underage children or a legal guardian);
  • anyone who, in the event of death, has a right of access to the patient's file and to data relating to his or her health, namely: non-separated spouses, adult children, heirs of the patient, registered partners, persons living together with the patient at the time of death;
  • any healthcare providers.

Should mediation proceedings be initiated, the patient may be assisted in the process by a support person, who may or may not be a healthcare professional.

Costs

Use of the services provided by the National Health Mediation and Information Service is completely free.

How to proceed

Informing patients and healthcare providers

One of the roles of the National Health Mediation and Information Service is to serve as a source of information for patients and healthcare providers.

For example, you can find out about:

  • rights and obligations in terms of healthcare (free choice of provider, right to an up-to-date and accessible patient file, etc.);
  • the Luxembourg health system, in particular the organisation of the health system and the providers authorised to practise in Luxembourg;
  • the mediation procedure between the patient (or their survivor) and the healthcare provider in the event of a dispute.

The Service also serves as a national point of contact for cross-border healthcare, and works in close cooperation with the National Health Fund (Caisse nationale de santé), which is in charge of providing reimbursement for cross-border care.

Complaint resolution

Mediation can only be successful if both parties act in good faith to find an amicable solution to their disagreement.

The goal of the mediator is to foster communication between the patient and healthcare provider, and to help them independently find a solution to their conflict.

Appealing to the Service

You can appeal to the mediator, either verbally or in writing, in one of the 3 official languages of Luxembourg (French, German or Luxembourgish).

Upon reception of a written mandate from you or the person representing you, the National Health Mediation and Information Service:

  • has a right of access to all the medical information in your file; and
  • can also contact social security bodies or other government departments for further information.

Mediation procedure

Once a complaint has been received, and with the consent of the parties, the mediator will begin the mediation process.

Before accepting the mediation assignment, the mediator may organise an informal meeting between the parties, without their legal counsels. Once the assignment has been accepted, the parties may be represented by their counsels for the remainder of the procedure.

If necessary, the service may visit the parties to the mediation.

The mediator may be assisted by an expert, with the consent of the parties.

The insurer of one of the parties may take part in the mediation procedure. If one of the parties to the dispute is likely to be held liable, compensation or a promise of compensation by the insured without the consent of their insurer will have no effect with respect to said insurer.

Signing of the agreement

Once full or partial agreement has been achieved, a document is dated and signed by all parties. This document includes the specific commitments made by each of the parties.

Confidentiality

The mediator, their employees and the parties to a mediation are required to respect the confidentiality of the mediation.

The file is therefore confidential.

Who to contact

  • National Health Information and Mediation Service

    Address:
    11, rue Robert Stumper L-2557 Luxembourg Luxembourg
    Closed ⋅ Opens tomorrow at 9.00
    Monday:
    9.00 to 13.00
    Tuesday:
    9.00 to 13.00
    Wednesday:
    9.00 to 13.00
    Thursday:
    9.00 to 13.00
    Friday:
    9.00 to 13.00
    Saturday:
    Closed
    Sunday:
    Closed
    If necessary, an appointment can be made outside these times.

Related procedures and links

Procedures

Patients' rights and obligations

Links

Further information

Legal references

Loi du 24 juillet 2014

relative aux droits et obligations du patient, portant création d'un service national d'information et de médiation dans le domaine de la santé

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