Informed consent means that a doctor in Zoetermeer must fully inform you about a medical treatment and obtain your approval. If this does not happen, the doctor may be held responsible.
What does informed consent entail?
Informed consent refers to the conscious consent of a patient for a medical procedure. A doctor is required to:
- Inform you about the intended treatment
- Explain possible alternatives
- Discuss risks and side effects
- Obtain your explicit consent
Obligations of the doctor
A doctor must inform you about the following aspects:
| Subject | Description |
|---|---|
| Nature of the treatment | What the procedure precisely entails |
| Intended result | What the doctor hopes to achieve |
| Possible risks | Complications and side effects that may occur |
| Alternative options | Other treatment methods |
| Consequences of not treating | What happens if you forgo the treatment |
When is a doctor liable?
If informed consent has not been correctly applied and a risk materialises, the doctor may be liable:
- You were not informed about the risk that occurred
- With knowledge of the risk, you might have made a different choice
- The damage is directly related to the undisclosed risk
Burden of proof in informed consent
It is for the doctor to prove that informed consent was given:
- A written agreement serves as proof
- Notes in your medical record
- In the absence thereof, the doctor must demonstrate that you were informed
Exceptional situations
In some cases, informed consent is not necessary:
- In emergency care (if the patient is unconscious)
- If the patient explicitly states they do not want to know the details
- If providing information would cause serious psychological harm (therapeutic exception)
I signed a form, but did not understand the risks. Is this valid consent?
It is not just about the signature, but whether you truly understood the information. The doctor must verify that the explanation was clear and that you understood the consequences.Which risks must a doctor mandatory disclose?
All risks that could influence your decision, including rare but serious complications. Guidelines per medical specialty determine which information is essential.Can I file a complaint if the treatment went well, but I was not informed?
Without damage, there is no basis for a claim, but you can file a complaint with the healthcare institution. For compensation, an undisclosed risk must have materialised.Frequently asked questions about informed consent in Zoetermeer
Is a signature always required for informed consent?
No, a signature is not mandatory, but it is strong proof. The doctor must demonstrate that you were properly informed and consented voluntarily, for example via record notes or a verbal agreement.
What to do if I think I was insufficiently informed?
Review your medical record for notes on the information provided. In the absence of proof, you can file a complaint with the healthcare provider or complaints committee. In case of damage from an undisclosed risk, you can consider legal action with the help of a lawyer via the Juridisch Loket Zoetermeer.
Does informed consent also apply to simple procedures?
Yes, for every medical intervention, no matter how small, informed consent is required. The doctor must explain what will happen and what risks there are, even for something like blood draw. You can always ask additional questions or refuse.
Can I withdraw my consent later?
Yes, you can withdraw your consent at any time, even during the treatment. This must be clearly communicated to the doctor, who must then stop the procedure, unless this poses immediate danger.
What if a 'very rare' risk occurs anyway?
The doctor must mention all relevant risks, even rare ones. If an undisclosed risk materialises, the doctor may be liable. The District Court of The Hague assesses whether you would have decided differently with full information.
How do I know if I was sufficiently informed?
Ask yourself whether you would have chosen the treatment with knowledge of all risks and alternatives. Keep asking questions until everything is clear.