An incorrect or late diagnosis can have serious consequences if a condition is not treated in time. In such a case, the doctor can be held liable.
Types of Diagnostic Errors
- Missed: The condition is not identified
- Incorrect diagnosis: The wrong condition is identified
- Delayed diagnosis: The diagnosis is made only after a delay
When is a Doctor Liable?
A doctor can be liable if the diagnosis does not meet medical standards:
- A competent doctor would have made the diagnosis in time
- Obvious symptoms were ignored
- Essential examination was omitted
- Referral occurred too late
Burden of Proof in Diagnostic Errors
| Aspect to Prove | Responsible Party |
|---|---|
| The diagnosis was incorrect | Patient |
| There was negligence by the doctor | Patient |
| Damage is a direct result of the error | Patient |
What is Loss of Chance Damage?
In case of a late or missed diagnosis, 'loss of chance damage' may occur:
- The chance of recovery has decreased due to the delay
- Compensation is calculated as a portion of the total damage
- This percentage corresponds to the lost chance of cure
Practical Examples
- Cancer missed despite clear symptoms
- Heart problems mistaken for digestive complaints
- Meningitis not noticed in a child
- Fracture missed on a scan
Is a doctor required to always diagnose correctly?
No, a doctor is not required to always make the correct diagnosis. It concerns whether the doctor acted in accordance with the standards of a reasonably competent colleague. A later incorrect diagnosis does not automatically mean an error.How do I prove that the diagnosis should have been made earlier?
You need an independent medical expert to analyze your file and assess whether a competent doctor could have made the diagnosis earlier.What if multiple doctors missed the diagnosis?
Each involved doctor can be individually liable. In that case, they are jointly responsible for the damage suffered.Frequently Asked Questions about Diagnostic Errors in Rijswijk
How do I find out if my doctor made an incorrect diagnosis?
Not every wrong diagnosis is an error. You must prove that the doctor did not act according to prevailing standards. An independent medical expert can examine your file for missed signals or insufficient examination.
What are the first steps if a diagnostic error is suspected?
Gather your medical records, such as test results and correspondence. Seek a second opinion from another specialist. If an error is suspected, you can file a complaint with the healthcare provider and seek legal advice, for example via the Juridisch Loket Rijswijk.
What is the time limit for filing a claim?
In the Netherlands, a limitation period of five years applies from the moment you know about the damage and the responsible party. For minors, this period starts at age 18. However, prompt action is recommended, especially given the availability of medical records.
Can I get compensation for a delayed diagnosis?
Yes, if the delay demonstrably caused additional damage, such as a reduced chance of recovery, you can claim loss of chance damage. The compensation is often a portion of the total damage, based on the lost chance.
What if the link between the error and damage is unclear?
You must prove that the diagnostic error directly led to your damage. A medical expert can establish this connection. In case of uncertainty, the court may award a portion of the damage based on probability.
Is a lawyer necessary for a claim?
Although not mandatory, a personal injury lawyer is recommended. They specialize in medical liability and can assist you in the process, for example via the Rechtbank Den Haag (district).