Have you suffered damage in Zoetermeer due to an error by a doctor or healthcare provider? 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
- A mishap during surgery
- Delayed referral
- Inadequate information about the treatment (informed consent)
- Infections due to unhygienic practices
What is the professional standard?
A healthcare provider must act as a competent and careful colleague would. This is assessed based on:
- Medical protocols and guidelines
- The current state of medical science
- Common practices within the profession
Who can be held liable?
| Circumstance | Responsible party |
|---|---|
| Error in a hospital | The hospital (central liability) |
| Error by independent doctor | The doctor themselves |
| Error by general practitioner | The general practitioner or practice |
| Error by dentist | The dentist personally |
Burden of proof in medical errors
As the victim, you must prove that:
- An error was made by the healthcare provider
- You have suffered damage
- The damage directly results from the error made
Proving this is often complex and frequently requires a medical expert report.
Step-by-step plan for complaints and claims in Zoetermeer
- 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 expert
- Discuss liability with the 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 advisor. They can determine whether the treatment was carried out according to the 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 sanction may follow, but you will not receive compensation.What is the time limit for filing a claim?
You have 5 years from the moment you become aware of the error and the damage. This can therefore be after the treatment date.Frequently asked questions about medical errors in Zoetermeer
How do I recognize a medical error?
An error is established if the healthcare provider deviates from the professional standard. If in doubt, you can request your file and have it assessed by an independent expert. This may involve, for example, an incorrect diagnosis or an unexpected complication, although this does not always indicate an error.
What are the first steps if a error is suspected?
Request your medical file from the healthcare provider in Zoetermeer. Then file a written complaint with the party involved. This can provide more clarity. If necessary, engage a medical advisor for an assessment.
Can I claim compensation?
Yes, if you prove that the healthcare provider's error caused damage, you can demand compensation. This may include costs for care, lost income, and non-pecuniary damages. A personal injury lawyer can advise you on this.
What is the duration of a liability procedure?
The time a procedure takes varies per case. Depending on the complexity and cooperation of the other party, it can take 1 to 3 years, especially with expert investigation or a lawsuit.
What distinguishes a disciplinary complaint from a compensation claim?
A disciplinary complaint assesses the healthcare provider's conduct via the disciplinary tribunal and can lead to sanctions, but no compensation. A compensation claim focuses on financial compensation and is often handled via the insurer or court.
Local support in Zoetermeer: For legal advice, you can go to the Juridisch Loket Zoetermeer. Cases are generally handled by the Rechtbank Den Haag, the district court under which Zoetermeer falls.