An incorrect or late diagnosis can have serious consequences if a condition is not treated in time. In Zoetermeer, a doctor can be held liable for this.
Types of Diagnostic Errors
- Missed: The condition is not noticed
- Incorrect diagnosis: The wrong condition is diagnosed
- Delayed diagnosis: The diagnosis is made only after a long time
When is a Doctor Liable?
A doctor in Zoetermeer can be held accountable if the diagnosis does not meet the expected standards:
- A competent doctor would have made the correct diagnosis in time
- Important signals were ignored
- Essential examination was omitted
- Referral to a specialist was too late
Burden of Proof in Diagnostic Errors
| What to prove | By whom |
|---|---|
| The diagnosis was incorrect | The patient |
| There is negligence by the doctor | The patient |
| There is a direct link between the error and the damage | The patient |
Damage from Lost Chances
In the case of a late or missed diagnosis, 'loss of chance' damage can occur:
- The chance of recovery has decreased due to the delay
- Compensation is calculated as a portion of the total damage
- This portion corresponds to the percentage of lost chance of cure
Practical Examples
- Cancer missed despite clear symptoms
- Heart problems misinterpreted as digestive complaints
- Meningitis not noticed in a child
- Fracture missed on an X-ray
Is a doctor required to always diagnose correctly?
No, a doctor does not have to always make the correct diagnosis. It is about whether the doctor has acted according to the standards of a reasonably competent colleague. A wrong diagnosis in hindsight does not automatically mean a medical error.How do I prove that a 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. They then share joint responsibility for the resulting damage.Frequently Asked Questions about Diagnostic Errors in Zoetermeer
How can I determine if my doctor made a mistake?
A diagnostic error is not simply a wrong conclusion. You must prove that the doctor did not act according to professional guidelines. An independent medical expert can review your file in Zoetermeer to see if there was negligence.
What are the first steps if a diagnostic error is suspected?
Gather all your medical documents, such as test results and correspondence. Request a second opinion from another doctor in Zoetermeer. If an error is suspected, you can file a complaint with the healthcare provider and seek legal advice from a personal injury lawyer, for example via the Juridisch Loket Zoetermeer.
What is the time limit for filing a claim?
In the Netherlands, the statute of limitations is five years from the moment you become aware of the damage and the responsible party. For minors, this period starts at age 18. However, quick action is recommended to preserve evidence.
Can I get compensation for a late diagnosis?
Yes, if the delay caused additional damage, such as a lower chance of recovery, you can claim compensation. This is called loss of chance damage and is often calculated as a percentage of the total damage.
How do I prove that the damage was caused by the error?
You must prove that the diagnostic error is directly related to the damage. A medical expert can establish this link. In case of uncertainty, the court may award a portion of the damage based on probability.
Is a lawyer necessary for a claim?
It is not mandatory, but a personal injury lawyer with experience in medical cases can significantly strengthen your case in Zoetermeer. For initial advice, you can contact the Juridisch Loket Zoetermeer.