Compensation Schemes for Damage Caused by Healthcare and Alternatives to Court Proceedings in the Netherlands: The Netherlands National Report to the 20th General Congress of the International Academy of Comparative Law, Fukuoka, Japan, 22-28 July 2018

B.S. Laarman; A.J. Akkermans

doi:10.2139/ssrn.3143320

Compensation Schemes for Damage Caused by Healthcare and Alternatives to Court Proceedings in the Netherlands: The Netherlands National Report to the 20th General Congress of the International Academy of Comparative Law, Fukuoka, Japan, 22-28 July 2018

B.S. Laarman, A.J. Akkermans

Research output: Chapter in Book / Report / Conference proceeding › Chapter › Academic

958 Downloads (Pure)

Abstract

In the Netherlands, concerns about the negative experiences of patients with legal procedures following adverse medical events have led to potentially profound changes in the field of procedural complaint- and compensation law. This report offers insight into the Dutch legal framework of compensation for damage caused by healthcare. We start by presenting the traditional framework in part A: The Dutch landscape of medical liability. Having laid the groundwork, we try to explain the innovations that have recently been introduced, in part B: Efforts for reform. We elaborate on the problems patients experience when they claim for compensation, the impact legal procedures can have on both patients and healthcare professionals, the recent changes in legislation trying to address these problems, and how these changes force both healthcare and legal professionals to adapt to a new reality.

Original language	English
Title of host publication	Netherlands Reports to the Twentieth International Congress of Comparative Law
Subtitle of host publication	Fukuoka 2018
Editors	Lars van Vliet
Place of Publication	Nijmegen
Publisher	Wolf Legal Publishers (WLP)
Chapter	1
Pages	1-30
Number of pages	30
ISBN (Print)	9789462404885
DOIs	https://doi.org/10.2139/ssrn.3143320
Publication status	Published - 2018

Keywords

adverse medical events
open disclosure
Medical Law
medical malpractice
Complaints
Alternative dispute resolution
non-adversarial justice
therapeutic jurisprudence
public health
comparative law
patient safety
just culture
second victim
peer support
tribunals
Compensation
conflict management

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

Access to Document

10.2139/ssrn.3143320

Persistent URL (handle)

Persistent link

Fingerprint

Dive into the research topics of 'Compensation Schemes for Damage Caused by Healthcare and Alternatives to Court Proceedings in the Netherlands: The Netherlands National Report to the 20th General Congress of the International Academy of Comparative Law, Fukuoka, Japan, 22-28 July 2018'. Together they form a unique fingerprint.

16 Article
6 Report
4 Chapter
1 Comment / Letter to the editor
More
- 1 Case note

Apology after medical errors: a qualitative vignette study: Medical errors: impact of apology and admission on the resolution and compensation of claims
Bijleveld, C., Blazevic, M., van Voorst tot Voorst, E. A. M., Akkermans, A., Niggeler, C., Fisher, M., Huizing, T., Karatza, A., Kock, D., McGrath, S., Muckermann, V., Nassiri, Y., Petrova, H., Prange, N., Schutzbach, B., Steijns, M., Szánthó, Z. & van Vliet, J., Jun 2023, In: Amsterdam Law Forum. 15, 2, p. 3-19 17 p., 15/2.
Research output: Contribution to Journal › Article › Academic › peer-review

Open Access
File
Victims of medical errors and the problems they face: a prospective comparative study among the Dutch population
van der Velden, P. G., Contino, C., Akkermans, A. J. & Das, M., 11 Dec 2020, In: European journal of public health. 30, 6, p. 1062-1066 5 p.
Research output: Contribution to Journal › Article › Academic › peer-review

Open Access
File
124 Downloads (Pure)
Achieving Justice in Personal Injury Compensation: The Need to Address the Emotional Dimensions of Suffering a Wrong
Akkermans, A., Sept 2020, Unexpected Consequences of Compensation Law. Vines, P. & Akkermans, A. (eds.). Oxford: Hart Publishing, p. 15-38 24 p. (Hart Studies in Private Law; vol. 34).
Research output: Chapter in Book / Report / Conference proceeding › Chapter › Academic › peer-review

Open Access
File
536 Downloads (Pure)

18 Lecture / Presentation
12 Expert meeting
5 Workshop
3 PhD thesis examination
More
- 2 Conference
- 2 Hosting an academic visitor

Towards Responsive Law
Akkermans, A. J. (Speaker), Laarman, B. (Speaker), van Voorst tot Voorst, E. A. M. (Speaker) & Mein, A. (Speaker)
29 Sept 2023
Activity: Lecture / Presentation › Academic

File
Wat te doen bij medische incidenten
Akkermans, A. J. (Speaker)
30 Nov 2022
Activity: Lecture / Presentation › Academic

File
De rol van het recht al er iets misgaat in de gezondheidszorg. Over openheid in de praktijk, de manco's van het medisch tuchtrecht en een betere afwikkeling van schade
Akkermans, A. J. (Examiner) & Friele, R. D. (Examiner)
16 Nov 2022
Activity: PhD thesis Examination › PhD thesis examination

File

Medische missers
Akkermans, A. J.
1/12/20
1 item of Media coverage
Press/Media: Expert Comment
Medische missers. Aansprakelijkheid. Verdwaald in een woud van kil papierwerk en procedures
Akkermans, A. J. & Laarman, B. S.
21/06/19
1 Media contribution
Press/Media: Expert Comment
Een open en ontspannen omgang met klachten
Akkermans, A. J.
4/06/19
1 Media contribution
Press/Media: Expert Comment

Cite this

Laarman, B. S., & Akkermans, A. J. (2018). Compensation Schemes for Damage Caused by Healthcare and Alternatives to Court Proceedings in the Netherlands: The Netherlands National Report to the 20th General Congress of the International Academy of Comparative Law, Fukuoka, Japan, 22-28 July 2018 . In L. van Vliet (Ed.), Netherlands Reports to the Twentieth International Congress of Comparative Law: Fukuoka 2018 (pp. 1-30). Wolf Legal Publishers (WLP). https://doi.org/10.2139/ssrn.3143320

Laarman, B.S. ; Akkermans, A.J. / Compensation Schemes for Damage Caused by Healthcare and Alternatives to Court Proceedings in the Netherlands : The Netherlands National Report to the 20th General Congress of the International Academy of Comparative Law, Fukuoka, Japan, 22-28 July 2018 . Netherlands Reports to the Twentieth International Congress of Comparative Law: Fukuoka 2018. editor / Lars van Vliet. Nijmegen : Wolf Legal Publishers (WLP), 2018. pp. 1-30

@inbook{d0f380431fc841f484366929ac21a96d,

title = "Compensation Schemes for Damage Caused by Healthcare and Alternatives to Court Proceedings in the Netherlands: The Netherlands National Report to the 20th General Congress of the International Academy of Comparative Law, Fukuoka, Japan, 22-28 July 2018 ",

abstract = "In the Netherlands, concerns about the negative experiences of patients with legal procedures following adverse medical events have led to potentially profound changes in the field of procedural complaint- and compensation law. This report offers insight into the Dutch legal framework of compensation for damage caused by healthcare. We start by presenting the traditional framework in part A: The Dutch landscape of medical liability. Having laid the groundwork, we try to explain the innovations that have recently been introduced, in part B: Efforts for reform. We elaborate on the problems patients experience when they claim for compensation, the impact legal procedures can have on both patients and healthcare professionals, the recent changes in legislation trying to address these problems, and how these changes force both healthcare and legal professionals to adapt to a new reality. ",

keywords = "adverse medical events, open disclosure, Medical Law, medical malpractice, Complaints, Alternative dispute resolution, non-adversarial justice, therapeutic jurisprudence, public health, comparative law, patient safety, just culture, second victim, peer support, tribunals, Compensation, conflict management",

author = "B.S. Laarman and A.J. Akkermans",

year = "2018",

doi = "10.2139/ssrn.3143320",

language = "English",

isbn = "9789462404885",

pages = "1--30",

editor = "{van Vliet}, Lars",

booktitle = "Netherlands Reports to the Twentieth International Congress of Comparative Law",

publisher = "Wolf Legal Publishers (WLP)",

}

Laarman, BS & Akkermans, AJ 2018, Compensation Schemes for Damage Caused by Healthcare and Alternatives to Court Proceedings in the Netherlands: The Netherlands National Report to the 20th General Congress of the International Academy of Comparative Law, Fukuoka, Japan, 22-28 July 2018 . in L van Vliet (ed.), Netherlands Reports to the Twentieth International Congress of Comparative Law: Fukuoka 2018. Wolf Legal Publishers (WLP), Nijmegen, pp. 1-30. https://doi.org/10.2139/ssrn.3143320

Compensation Schemes for Damage Caused by Healthcare and Alternatives to Court Proceedings in the Netherlands: The Netherlands National Report to the 20th General Congress of the International Academy of Comparative Law, Fukuoka, Japan, 22-28 July 2018 . / Laarman, B.S.; Akkermans, A.J.
Netherlands Reports to the Twentieth International Congress of Comparative Law: Fukuoka 2018. ed. / Lars van Vliet. Nijmegen: Wolf Legal Publishers (WLP), 2018. p. 1-30.

Research output: Chapter in Book / Report / Conference proceeding › Chapter › Academic

TY - CHAP

T1 - Compensation Schemes for Damage Caused by Healthcare and Alternatives to Court Proceedings in the Netherlands

T2 - The Netherlands National Report to the 20th General Congress of the International Academy of Comparative Law, Fukuoka, Japan, 22-28 July 2018

AU - Laarman, B.S.

AU - Akkermans, A.J.

PY - 2018

Y1 - 2018

N2 - In the Netherlands, concerns about the negative experiences of patients with legal procedures following adverse medical events have led to potentially profound changes in the field of procedural complaint- and compensation law. This report offers insight into the Dutch legal framework of compensation for damage caused by healthcare. We start by presenting the traditional framework in part A: The Dutch landscape of medical liability. Having laid the groundwork, we try to explain the innovations that have recently been introduced, in part B: Efforts for reform. We elaborate on the problems patients experience when they claim for compensation, the impact legal procedures can have on both patients and healthcare professionals, the recent changes in legislation trying to address these problems, and how these changes force both healthcare and legal professionals to adapt to a new reality.

AB - In the Netherlands, concerns about the negative experiences of patients with legal procedures following adverse medical events have led to potentially profound changes in the field of procedural complaint- and compensation law. This report offers insight into the Dutch legal framework of compensation for damage caused by healthcare. We start by presenting the traditional framework in part A: The Dutch landscape of medical liability. Having laid the groundwork, we try to explain the innovations that have recently been introduced, in part B: Efforts for reform. We elaborate on the problems patients experience when they claim for compensation, the impact legal procedures can have on both patients and healthcare professionals, the recent changes in legislation trying to address these problems, and how these changes force both healthcare and legal professionals to adapt to a new reality.

KW - adverse medical events

KW - open disclosure

KW - Medical Law

KW - medical malpractice

KW - Complaints

KW - Alternative dispute resolution

KW - non-adversarial justice

KW - therapeutic jurisprudence

KW - public health

KW - comparative law

KW - patient safety

KW - just culture

KW - second victim

KW - peer support

KW - tribunals

KW - Compensation

KW - conflict management

UR - https://www.bruna.nl/boeken/netherlands-reports-to-the-twentieth-international-congress-of-comparative-law-9789462404885

UR - https://metadata.isbn.nl/1308972/netherlands-reports-to-the-twentieth-international-congress-of-comparative-law.html

U2 - 10.2139/ssrn.3143320

DO - 10.2139/ssrn.3143320

M3 - Chapter

SN - 9789462404885

SP - 1

EP - 30

BT - Netherlands Reports to the Twentieth International Congress of Comparative Law

A2 - van Vliet, Lars

PB - Wolf Legal Publishers (WLP)

CY - Nijmegen

ER -

Laarman BS , Akkermans AJ. Compensation Schemes for Damage Caused by Healthcare and Alternatives to Court Proceedings in the Netherlands: The Netherlands National Report to the 20th General Congress of the International Academy of Comparative Law, Fukuoka, Japan, 22-28 July 2018 . In van Vliet L, editor, Netherlands Reports to the Twentieth International Congress of Comparative Law: Fukuoka 2018. Nijmegen: Wolf Legal Publishers (WLP). 2018. p. 1-30 doi: 10.2139/ssrn.3143320

Compensation Schemes for Damage Caused by Healthcare and Alternatives to Court Proceedings in the Netherlands: The Netherlands National Report to the 20th General Congress of the International Academy of Comparative Law, Fukuoka, Japan, 22-28 July 2018

Abstract

Keywords

UN SDGs

Access to Document

Persistent URL (handle)

Other files and links

Fingerprint

Research output

Activities

Press/Media

Cite this