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

Research output: Chapter in Book/Report/Conference proceedingChapter

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.
LanguageEnglish
Title of host publicationNetherlands Reports to the Twentieth International Congress of Comparative Law
PublisherIntersentia
Number of pages18
StateAccepted/In press - 2018

Cite this

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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",
language = "English",
booktitle = "Netherlands Reports to the Twentieth International Congress of Comparative Law",
publisher = "Intersentia",

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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

M3 - Chapter

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

PB - Intersentia

ER -