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

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 proceeding › Chapter › Academic

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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
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)

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Achieving Justice in Personal Injury Compensation: The Need to Address the Emotional Dimensions of Suffering a Wrong
Akkermans, A., Sep 2020, Unexpected Consequences of Compensation Law. Vines, P. & Akkermans, A. (eds.). Oxford: Hart Publishing, p. 15-37 23 p. (Hart Studies in Private Law; vol. 34).
Research output: Chapter in Book / Report / Conference proceeding › Chapter › Academic › peer-review

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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
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How do doctors in the Netherlands perceive the impact of disciplinary procedures and disclosure of disciplinary measures on their professional practice, health and career opportunities? A questionnaire among medical doctors who received a disciplinary measure
Laarman, B. S., Bouwman, R. J. R., De Veer, A. J. E., Hendriks, M. & Friele, R. D., 15 Mar 2019, In: BMJ Open. 9, 3, p. 1-9 9 p., e023576.
Research output: Contribution to Journal › Article › Academic › peer-review

Open Access

17 Lecture / Presentation
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5 Workshop
3 PhD thesis examination
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Tort law and Therapeutic Jurisprudence revisited. Trauma, vindication, perceived injustice and the toxic nature of real world adversarialism
Arno J. Akkermans (Speaker)
4 Jul 2022
Activity: Lecture / Presentation › Academic

File
Wat te doen bij medische incidenten
Arno J. Akkermans (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
Arno J. Akkermans (Examiner) & Roland D. Friele (Examiner)
16 Nov 2022
Activity: PhD thesis Examination › PhD thesis examination

File

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

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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",

isbn = "9789462404885",

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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://ssrn.com/abstract=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

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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

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

Handle.net

Fingerprint

Research output

Activities

Press/Media

Cite this