Have you lost a piece of jewellery, earphones or a hearing aid during a hospital stay? In some cases, the institution may be held responsible. Here's what you need to know.
As a rule, you’re responsible for your personal belongings during a hospital stay or visit. However, the hospital can’t shirk all responsibility.
Your responsibility
Going to a hospital for a consultation or tests? Reduce the risk of theft, loss or breakage of your valuables by leaving them at home whenever possible. You can also leave them with someone who is accompanying you.
Are you staying in an emergency room or hospital care unit? If you choose to keep personal items with you, you’re responsible for always looking after them and you must be able to do so.
You may not be considered able if, for example:
- You have to undergo an emergency examination or procedure that requires you to leave your belongings immediately;
- You’re unconscious or your state of consciousness is altered;
- You can’t keep a close eye on your personal belongings because of your restricted abilities or your state of health.
Are you unable to look after your belongings? If your belongings can’t be handed over to someone who’s with you, the hospital must store them in a safe place. The hospital then becomes responsible for them.
The hospital's responsibility
You are primarily responsible for your belongings, but the hospital must take certain steps to prevent them from being lost, stolen or damaged.
Depending on the situation, it could, for example:
- Inform you of the risks of your personal belongings going missing and encourage you to leave them with the person accompanying you;
- Provide lockers with padlocks for situations (an imaging test, for example) where you are not allowed to keep your belongings with you;
- Make sure you have a safe place (safety deposit box, deposit box with the security service) to leave your belongings while you’re in hospital.
When an item deposited in a safe place by the hospital is lost, stolen or broken, normally the hospital must either replace or repair it, as it chooses. This is also the case when the loss or damage is caused by a member of its staff.
Your recourse
First report the loss, theft or breakage of an item to a member of staff, who must look into the incident or take other steps.
Do you feel that the hospital is responsible for the loss or damage, or that it has failed to meet its obligations? You can fill in a claim form. If your claim is accepted, you may be required to replace or repair the item before being reimbursed.
Depending on the situation, you can also lodge a complaint with the service quality and complaints commissioner.
Are you dissatisfied with the Commissioner's response or have you not heard back after 45 days? Contact the Protecteur du citoyen. We intervene free of charge and in strictest confidence.
