Have you suffered damage due to an error by a doctor or healthcare provider in Leiden? You can hold the responsible party, such as a hospital or treating physician, liable for medical liability.
What constitutes a medical error?
A medical error concerns an action or omission by a healthcare provider that does not conform to the expected professional standards. This includes situations such as:
- An incorrect diagnosis
- Incorrect medication or treatment
- A mistake during a surgical procedure
- Delayed referral to a specialist
- Lack of clear information about the treatment
- Infections due to unhygienic practices
What is the professional standard?
A healthcare provider must act as a competent colleague would in similar circumstances. This is assessed based on:
- Current medical guidelines
- The latest scientific insights
- General practices within the profession
Who can be held liable?
| Circumstance | Responsible party |
|---|---|
| Error in a hospital | The hospital itself |
| Error by an independent doctor | The doctor individually |
| Error by a general practitioner | The general practitioner or practice |
| Error by a dentist | The dentist personally |
Burden of proof in medical errors
As a victim, you must demonstrate that:
- An error was made by the healthcare provider
- You have suffered damage
- The damage directly results from the error made
This process is often complex and usually requires an investigation by a medical expert.
Step-by-step plan for complaints and claims
- Request your complete medical file
- File a formal complaint with the healthcare provider
- Hold the responsible party liable in writing
- Have your case analyzed by a medical advisor
- Conduct negotiations with the healthcare provider's insurer
- Consider a disciplinary complaint or court proceedings if necessary
How can I determine if an error was made?
Have your medical file examined by an independent medical expert. They can determine whether the treatment was carried out according to the standards.Is a disciplinary complaint possible?
Yes, you can file a complaint with the disciplinary tribunal. This tribunal investigates whether the doctor has acted in a professionally blameworthy manner, which may lead to sanctions, but not to financial compensation.What is the time limit for filing a claim?
You have 5 years to file a claim, calculated from the moment you become aware of the error and the resulting damage.Frequently asked questions about medical errors in Leiden
How do I recognize a medical error?
An error is only relevant if the healthcare provider deviates from the professional standard. If in doubt, you can request your file and have it assessed by an independent expert. This may involve, for example, an incorrect diagnosis or an unexpected complication.
What are the first steps if I suspect an error?
First, request your medical file from the relevant healthcare provider. Then, file a written complaint with the doctor or hospital to gain more clarity. Subsequently, consider engaging a medical advisor.
Can I claim compensation for damages?
Yes, if you can prove that the healthcare provider's error caused damage, you can claim compensation. This may include costs for care, loss of income, and non-material damage. A personal injury lawyer can assist you with this.
How long does a medical liability procedure take?
The duration varies depending on the case and the cooperation of the opposing party. On average, a procedure takes 1 to 3 years, especially if expert investigation is required or if the case goes to court.
What distinguishes a disciplinary complaint from a damages claim?
A disciplinary complaint assesses the healthcare provider's conduct and may lead to disciplinary measures, but no compensation. A damages claim focuses on financial compensation and is often settled via the insurer or court.
Local support in Leiden:
- Court: District Court of The Hague, Leiden Location
- Legal Aid Office: Juridisch Loket Leiden, Stationsweg 46