Have you suffered damage due to an error by a doctor or healthcare provider in Rijswijk? You can hold the responsible party, such as a hospital or treating physician, liable for medical liability.
What constitutes a medical error?
A medical error occurs when a healthcare provider fails to meet the expected professional standards due to an incorrect action or omission. Some examples include:
- An incorrect diagnosis
- Incorrect medication or treatment
- Errors during a surgical procedure
- Delayed referral
- Inadequate information about the treatment
- Infections due to unhygienic practices
What is the professional standard?
A healthcare provider must act as a competent and diligent colleague would. This is assessed based on:
- Medical standards and guidelines
- Current scientific knowledge
- Common practices within the sector
Who bears the responsibility?
| Situation | Responsible party |
|---|---|
| Error in a hospital | The hospital itself |
| Error by an independent doctor | The doctor personally |
| Error by a general practitioner | The general practitioner or practice |
| Error by a dentist | The dentist themselves |
Burden of proof in medical errors
As a victim, you must demonstrate that:
- An error was made by the healthcare provider
- You have suffered damage
- The damage directly results from the error made
This process is often complex and usually requires an investigation by a medical expert.
Step-by-step plan for complaints and claims
- Request your medical file from the healthcare provider
- File a formal complaint with the healthcare provider involved
- Hold the healthcare provider liable in writing
- Have your case analyzed by a medical specialist
- Enter into negotiations with the healthcare provider's insurer
- Consider a disciplinary complaint, disputes committee, or lawsuit
How can I determine if an error was made?
Have your medical file examined by an independent medical expert. They can assess whether the treatment met the required standards.Is a disciplinary complaint possible?
Yes, you can file a complaint with the disciplinary tribunal. This tribunal investigates whether the healthcare provider has acted in a professionally blameworthy manner. A disciplinary complaint can lead to sanctions against the doctor, but not to compensation.What is the time limit for filing a claim?
The limitation period is 5 years from the moment you become aware of the error and the resulting damage. This can therefore be later than the treatment date.Frequently asked questions about medical errors in Rijswijk
How do I recognize a medical error?
A medical error is present if a healthcare provider deviates from the professional standard. If in doubt, you can request your medical file and have it reviewed by an independent expert. This can clarify whether there is an error, such as an incorrect diagnosis or negligence.
What are the first steps if a error is suspected?
First, request your medical file from the healthcare provider in Rijswijk. Then file a written complaint to obtain more information. Subsequently, if necessary, engage a medical advisor for a thorough analysis.
Can I claim compensation?
Yes, if you can prove that the healthcare provider's error caused damage, you can demand compensation. This may include costs for medical care, lost income, and non-pecuniary damages. A personal injury lawyer can assist you with this.
How long does a medical liability procedure take?
The duration of a case varies, depending on the complexity and the cooperation of the opposing party. On average, it takes 1 to 3 years, especially if an expert report or lawsuit is required.
What distinguishes a disciplinary complaint from a compensation claim?
A disciplinary complaint focuses on the professional conduct of the healthcare provider and can lead to disciplinary measures via the disciplinary tribunal. A compensation claim, on the other hand, is aimed at financial compensation and is often handled via the insurer or court.
For legal assistance in Rijswijk, you can contact the Juridisch Loket Rijswijk. Cases are generally handled by the District Court of The Hague.