Have you suffered damage in Utrecht due to an error by a doctor or healthcare provider? You can hold the hospital or the treating provider liable for medical liability.
What constitutes a medical error?
A medical error involves an action or omission by a healthcare provider that does not meet the expected standard of care. This includes:
- An incorrect diagnosis
- Incorrect medication or treatment
- A mishap during surgery
- Delayed referral
- Lack of clear information (informed consent)
- Infections due to unhygienic practices
What is the standard of care?
A doctor must act as a competent and careful colleague would. This is assessed based on:
- Medical protocols and guidelines
- Current scientific knowledge
- Customary practices within the sector
Who bears the liability?
| Situation | Liable 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
You must demonstrate that:
- An error was made by the healthcare provider
- You have suffered damage
- The damage directly results from the error
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 records from the healthcare provider
- File a formal complaint
- Hold the healthcare provider liable in writing
- Engage a medical advisor for an assessment
- Enter into negotiations with the healthcare provider's insurer
- Consider a disciplinary complaint or court proceedings if necessary
How do I discover if an error was made?
Have your medical records analyzed by an independent expert. They can determine whether the treatment met the required standard.Can I file a complaint with the disciplinary tribunal?
Yes, a disciplinary complaint is possible. The disciplinary tribunal investigates whether the doctor acted in a professionally blameworthy manner. This can lead to sanctions, but not to compensation.What is the time limit for filing a claim?
The statute of limitations is 5 years from the moment you become aware of the error and the damage. This may be later than the treatment date.Frequently asked questions about medical errors in Utrecht
How do I know if I am a victim of a medical error?
An error is only relevant if the healthcare provider deviates from the professional standard. If in doubt, you can request your records and have them assessed by an independent expert. Unexpected complications may be an indication, but are not always an error.
What are the first steps if a error is suspected?
Start by requesting your medical records. Then file a written complaint with the healthcare provider or hospital in Utrecht. Consider engaging a medical advisor for a thorough analysis.
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 in Utrecht can assist you.
How long does a medical liability procedure take?
The duration varies from 1 to 3 years, depending on the case and whether a settlement is possible. Complex cases or court proceedings may take longer, especially with medical investigations.
What is the difference between a disciplinary complaint and a claim?
A disciplinary complaint focuses on the doctor's conduct and can lead to disciplinary measures. A compensation claim, on the other hand, is aimed at financial compensation and is often handled through insurers.
Relevant institutions in Utrecht:
- District Court Midden-Nederland: Vrouwe Justitiaplein 1, Utrecht
- Juridisch Loket Utrecht: Catharijnesingel 55, Utrecht