An incorrect or late diagnosis can have serious consequences for your health if a condition is not treated in time. In Westland, you can hold a doctor liable for such errors.
Types of Diagnostic Errors
- Missed diagnosis: The condition remains unnoticed.
- Incorrect diagnosis: The wrong condition is diagnosed.
- Delayed diagnosis: The correct diagnosis is only made after a long time.
When is a Doctor Liable?
A doctor can be liable if the diagnosis does not meet the expected professional standards:
- A competent doctor would have made the diagnosis earlier or correctly.
- Evident symptoms have been overlooked.
- Essential examination has been omitted.
- Referral to a specialist came too late.
Burden of Proof in Diagnostic Errors
| What to prove? | By whom? |
|---|---|
| The diagnosis was incorrect | The patient |
| The doctor did not act properly | The patient |
| Damage is a consequence of the error | The patient |
Damage from Lost Chances
In the case of a late or missed diagnosis, 'loss of chance damage' may arise:
- The chance of recovery has decreased due to the delay.
- Compensation is calculated as a portion of the total damage.
- The percentage depends on the lost chance of cure.
Practical Examples
- Cancer overlooked despite clear signals.
- Heart problems misinterpreted as heartburn.
- Meningitis not noticed in a child.
- A fracture missed on an X-ray.
Is a doctor obliged to always diagnose correctly?
No, a doctor does not have to be right every time. It concerns the question of whether the doctor acted as a competent colleague would have done. A later discovery of an error does not immediately mean guilt.How do I prove that a diagnosis should have come 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 error?
Each involved doctor can be individually liable. They then bear joint responsibility for the damage suffered.Frequently Asked Questions about Diagnostic Errors in Westland
How do I recognize a diagnostic error by my doctor?
Not every incorrect diagnosis is an error. You must prove that the doctor deviated from the professional standard. An independent medical expert can review your file and assess whether signals were missed or examinations were lacking.
What are the first steps if a error is suspected?
Gather your medical records, such as test results and correspondence. Seek a second opinion from another doctor. If an error is confirmed, file a complaint with the healthcare provider and consider legal assistance via a personal injury lawyer in Westland.
What is the time limit for filing a claim?
In the Netherlands, a claim prescribes after five years from the moment you know about the damage and the responsible party. For minors, this period starts at age 18. However, do not wait too long, as evidence can be lost over time.
Can I get compensation for a late diagnosis?
Yes, if you prove that the delay caused additional damage, such as a lower chance of recovery, you can claim loss of chance damage. The compensation is a portion of the total damage, depending on the lost chance percentage.
What if the cause of the damage is unclear?
You must demonstrate that the diagnostic error directly led to your damage. A medical expert can establish this connection. 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 it is advisable to engage a personal injury lawyer, especially in Westland. They are familiar with local procedures and have experience with cases involving medical liability, for example via the District Court of The Hague or support from the Juridisch Loket Westland.