When is there a medical error?
Not every poor outcome is legally a "medical error" (medische fout). The law refers to aattributable failure (toerekenbare tekortkoming)in the treatment agreement (Article 7:453 Dutch Civil Code (BW)). A doctor must act according to theprofessional standard— what a reasonably acting and reasonably competent professional peer would do in similar circumstances. Only if there is a clear deviation from this standard and damage to health arises as a result thereof, can you substantiate a claim.
How do I report a suspected medical error?
Three channels, often in parallel:
- Direct conversationwith the healthcare provider — mandatory first step under the Healthcare Quality, Complaints and Disputes Act (Wkkgz)
- Complaints Officerfrom the hospital or the practice — mandatory independent mediator
- Health and Youth Care Inspectorate (IGJ)— in the event of serious incidents or structural problems
How do I request my medical file?
You have a statutory right to inspection and copy (Article 7:456 of the Dutch Civil Code (BW)). Request in writing or via the online patient portal. The hospital must provide it within four weeks. Specifically request:
- Complete medical file(incl. operative reports and nursing reports)
- Imaging examination(X-ray, MRI, CT)
- Lab results
- Communication between treatment providers(multidisciplinary consultations)
A medical adviser (doctor specialised in personal injury) assesses whether there is a case of fault.
What damages can I claim following a medical error?
Four categories:
- Material damage: additional medical expenses, assistive devices, transportation, home adaptations
- Loss of earning capacity: loss of income, missed promotions, retraining costs
- damages for pain and suffering (smartengeld): pain, grief, permanent limitations
- extra-judicial costs (BGK)(BGK): costs of lawyer and medical advisor — borne by the liable party
What is the prescription period?
Five years from the moment that youNotedyou are aware of both the damage and the liable party (article 3:310 Dutch Civil Code (BW)). In cases of medical errors, that moment can lie far after the treatment — only when a second opinion or worsening brings the error to light. Absolute prescription is twenty years after the event.Timely interrupt the prescriptionwith a registered letter — that gives five years extra leeway.
To which authority do I turn in case of a dispute?
Two paths, not both at the same time:
- Healthcare Disputes Committee (Geschillencommissie Zorg)— low-threshold, lower court fees, max. claim €25,000 (often higher possible via extension). Binding advice within ~6 months.
- Civil judge(court) — for larger claims or complex causation. Procedure lasts 1-3 years; possibly partial disputes procedure (deelgeschillenprocedure) for preliminary questions.
In most cases, a personal injury lawyer (letselschadeadvocaat) advises, following an initial medical opinion, which route best suits your situation.