An incorrect or missed diagnosis can lead to serious health problems if a condition is not treated in time. Doctors can be held legally accountable for this.
Types of Diagnostic Errors
- Missed diagnosis: The condition is not noticed
- Incorrect diagnosis: The wrong condition is diagnosed
- Delayed diagnosis: The correct diagnosis is only made after a delay
When is a Doctor Liable?
A doctor may be liable if the diagnosis does not meet the expected professional standards:
- A competent doctor would have made the diagnosis correctly or earlier
- Important symptoms have been overlooked
- Essential examination has not been carried out
- Referral to a specialist occurred too late
Burden of Proof in Diagnostic Errors
| Aspect to be proven | Responsible party |
|---|---|
| The diagnosis was incorrect | Patient |
| There is negligence by the doctor | Patient |
| Damage is a direct result of the error | Patient |
Concept of Loss of Chance Damage
In the case of a delayed or missed diagnosis, 'loss of chance damage' may occur:
- The chance of recovery has been reduced due to the delay
- Compensation is calculated as a portion of the total damage
- The percentage is based on the missed chance of cure
Practical Examples
- Cancer overlooked despite clear signals
- Heart problems misinterpreted as stomach pain
- Meningitis not noticed in a child
- A fracture not observed on a scan
Is a doctor required to always diagnose correctly?
No, a doctor is not required to always make the correct diagnosis. It is about whether the doctor has acted in accordance with the standard of a reasonably competent peer. A wrong diagnosis in hindsight does not automatically mean a legal error.How do I prove that the diagnosis should have been made earlier?
You need an independent medical expert to analyze your file and determine whether a competent doctor could have made the diagnosis earlier.What if multiple doctors missed the error?
Each involved doctor can be individually liable. In that case, they are jointly responsible for the resulting damage.Frequently Asked Questions about Diagnostic Errors
How can I determine if my doctor made a mistake?
Not every wrong diagnosis is an error. You must prove that the doctor did not act according to professional standards. An independent medical expert can review your file for missed signals or inadequate care.
What are the first steps if a mistake is suspected?
Gather your medical records, such as test results and communication with healthcare providers. Request a second opinion and consider filing a complaint with the healthcare institution. Legal advice in Leiden can help with a possible claim.
What is the time limit for filing a claim in Leiden?
In the Netherlands, the statute of limitations is five years from the moment you know about the damage and the responsible party. For minors, this period starts at age 18. However, quick action is recommended, especially given the availability of evidence.
Can I get compensation for a delayed diagnosis?
Yes, if there is demonstrable additional damage due to the delay, such as a lower chance of recovery, you can claim loss of chance damage. An expert determines the percentage of the compensation.
What if the cause of the damage is unclear?
You must prove that the diagnostic error directly led to your damage. A medical expert can establish this connection. In cases of uncertainty, the court may award proportional compensation.
Is a lawyer necessary for a claim?
Although not mandatory, a personal injury lawyer in Leiden is strongly recommended. They are familiar with the complex legislation surrounding medical errors and can represent you effectively.
Local Information:
- Court: District Court of The Hague, Leiden Location
- Legal Aid Office: Juridisch Loket Leiden, Stationsweg 46