How to Report Medical Error in Netherlands

The short answer

Always start with a conversation with your treating doctor to discuss the situation and clear up any misunderstandings. If this doesn't lead to a solution, file an official complaint with the complaints committee of the hospital or healthcare institution. For serious medical errors that have caused damage, you can file a disciplinary complaint with the disciplinary board (tuchtrechter) or engage a personal injury lawyer. It's important to keep all medical documentation and correspondence carefully. Make sure you act within the specified time limits, as strict deadlines often apply to complaints in the Netherlands.

What does Dutch law say?

The Quality, Complaints and Disputes in Healthcare Act (Wet kwaliteit, klachten en geschillen zorg - Wkkgz) requires healthcare providers to have a complaints procedure and take complaints seriously. Patients have the right to file a complaint about the quality of care within one year of the incident. For disciplinary complaints, the Individual Healthcare Professions Act (Wet BIG) applies, allowing you to file a complaint within three years of the incident. For personal injury, the general limitation periods of five years after discovery of the damage apply under Dutch law.

What should you pay attention to?

Pay careful attention to the different time limits that apply for complaints, disciplinary proceedings and personal injury claims in the Netherlands. Keep all medical documents, letters and conversation records carefully as evidence. Ensure you have a clear chronological description of what happened. Consider beforehand what you want to achieve with the complaint: apologies, improvement of care, or compensation.

Example from practice

Ms Janssen undergoes routine surgery, but due to an error by the surgeon an infection develops requiring additional treatment. She first discusses this with the surgeon, who acknowledges something went wrong but offers no concrete solution. She then files a complaint with the hospital's complaints committee, which upholds her complaint. Because she has permanent damage and incurred extra costs, she also engages a personal injury lawyer. Ultimately, she receives compensation and the hospital offers apologies.

What can you do?

Follow these steps to effectively report a medical error in the Netherlands.