Medical error with lasting damage — can I claim?
Damage from medical error (Wkkgz, BW 7:446): (1) First step: conversation with provider — ask explanation + acknowledgment. Sometimes error reversible. (2) Complaint via complaints officer healthcare institution: free, written response within 6 weeks (extension 4). Mandatory under Wkkgz. (3) Healthcare Dispute Commission: after complaint procedure, or if officer fails. Binding ruling. Max €25,000 compensation. Cost €52.50 (refund on win). (4) Healthcare Disciplinary Tribunal: for BIG-registered (doctors, nurses, dentists) — disciplinary measures, no damages. (5) Civil court for larger sums or denied dispute: injury lawyer (often no-win-no-fee, NIVRE-certified). 1-3 years. Burden: causation + blameworthy conduct. Medical expert opinion mandatory. (6) IGJ report on serious cases (structural failure institution): inspectorate can enforce. Limitation: 5 yrs from discovery + max 20 yrs from error (BW 3:310). Compensation: material (medical costs, lost income, home help) + immaterial (compensation, NL avg €5k-50k, severe €100k+).
Step by step
- 1Talk with providerAsk explanation + acknowledgment. Sometimes reversible. Document with witness on date.
- 2Institution complaints officerFree. Written response within 6 wks. Mandatory institutions (Wkkgz). Keep correspondence.
- 3Healthcare Dispute CommissionMax €25k. €52.50 (refund on win). Binding. Also on officer refusal.
- 4Injury lawyer higher amountNo win no fee often. NIVRE-certified specialists. For injury €25k+ or complex.
- 5Disciplinary Tribunal BIG doctorFor structural doctor failure. Not for damages but for measures (reprimand → suspension).
All contacts
Frequently asked questions
How much pain-and-suffering compensation?
Dutch ANWB damages guide as benchmark: minor €1k-10k, moderate €10k-50k, severe €50k-200k, very severe €200k+. Final depends on age, profession, family, lasting limitations. Injury lawyer gives estimate free.
How long can I claim (limitation)?
5 yrs from discovery + liable party, absolute max 20 yrs from error (BW 3:310). For minors, limitation starts at 18° birthday. Interruption with registered letter extends.
Sources
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