What if my doctor makes a mistake?

The short answer

A doctor is liable if the medical treatment does not meet the professional standard. This means that the care falls below the level that you may reasonably expect from a competent doctor in the same situation. You then have the right to compensation for the consequences. The doctor or the hospital must prove that no error was made. As a patient, you do not have to prove that the doctor was negligent, but you do have to demonstrate that damage has been caused by the treatment.

What does the law say?

The law regulates the liability of doctors through the Medical Treatment Agreements Act (WGBO) and the Civil Code. Doctors have a professional duty of care towards their patients. If this duty of care is breached and this leads to damage, there is a case of liability. The law stipulates that the burden of proof in medical errors is reversed: the doctor must prove that no error was made.

What should you pay attention to?

It is important to act quickly if you suspect a medical error has been made. Collect all medical documents and note down exactly what happened. Be aware that there is a statute of limitations of five years after discovery of the damage. You also need to be able to demonstrate that the damage was actually caused by the medical treatment.

Example from practice

A patient is prescribed the wrong medication by a general practitioner, causing serious side effects. The patient becomes long-term incapacitated and has high medical costs. In this case, the doctor must demonstrate that prescribing this medication was the right choice according to professional standards. If they cannot do this, the doctor is liable for all the damage. The patient can then claim compensation for medical costs, loss of income, and pain and suffering.

What can you do?

If you think a doctor has made a mistake, there are various steps you can take to protect your rights.