Have you suffered damage due to an error by a doctor or healthcare provider in Westland? You can hold the treating provider or hospital liable for medical liability.
What constitutes a medical error?
A medical error occurs when a healthcare provider does not act in accordance with the applicable professional standards. This can be, for example:
- An incorrect diagnosis
- Incorrect medication or treatment
- A mistake during surgery
- Delayed referral
- Lack of clear information (informed consent)
- An infection due to unhygienic practices
The standard for healthcare providers
A healthcare provider must act as a competent colleague would in the same situation. This is assessed based on:
- Medical protocols and guidelines
- Current scientific knowledge
- Customary practices within the profession
Who bears the responsibility?
| Situation | Responsible party |
|---|---|
| Error in a hospital | The hospital itself |
| Error by an independent doctor | The doctor personally |
| Error by a general practitioner | The general practice |
| Error by a dentist | The dentist himself |
Proving the error
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 requires a medical expert report.
Steps for a complaint or claim
- Request your medical file from the healthcare provider
- File an official complaint
- Hold the healthcare provider liable in writing
- Engage a medical advisor for assessment
- Conduct negotiations with the insurer
- Consider a disciplinary complaint or court proceedings
How do I discover if an error was made?
Have your medical file examined by an independent expert. They can determine whether the treatment met the standards.Can I file a complaint with the disciplinary tribunal?
Yes, a disciplinary complaint is possible. The disciplinary tribunal investigates whether the healthcare provider acted professionally. This can lead to sanctions, but not to compensation.What is the time limit for a claim?
You have 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 Westland
How do I know if I am a victim of a medical error?
An error is established if the healthcare provider deviates from the standard. In doubt? Request your file and have it analyzed by an independent advisor.
What are the first steps if a error is suspected?
Start by requesting your medical file and file a written complaint with the healthcare provider or hospital in Westland. Then consider advice from an expert.
Can I claim compensation?
Yes, if you prove that the healthcare provider's error caused damage, you can demand compensation, such as for medical costs or loss of income. A personal injury lawyer can help.
How long does a procedure take?
The duration varies from 1 to 3 years, depending on the case and whether a settlement is possible. Expert investigation or court proceedings can take extra time.
What is the difference between a disciplinary complaint and a claim?
A disciplinary complaint assesses the healthcare provider's conduct and can impose sanctions, while a claim is aimed at financial compensation for your damage.
Additional information: For legal assistance, you can contact the Juridisch Loket Westland. Cases fall under the District Court of The Hague.