Innovating Compensation for Medical Liability in the Netherlands

B.S. Laarman; A.J. Akkermans

doi:10.1007/978-3-030-67000-9_12

Innovating Compensation for Medical Liability in the Netherlands

B.S. Laarman, A.J. Akkermans

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

421 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 chapter offers insight into the Dutch legal framework of compensation for damage caused by healthcare. We start by presenting the traditional framework in the paragraph on the Dutch landscape of medical liability. Having laid the groundwork, we try to explain the innovations that have recently been introduced, in the paragraph dealing with 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 might entail a new reality force both healthcare and legal professionals.

Original language	English
Title of host publication	Compensation Schemes for Damages Caused by Healthcare and Alternatives to Court Proceedings
Subtitle of host publication	Comparative Law Perspectives
Editors	Dobrochna Bach-Golecka
Place of Publication	Cham
Publisher	Springer Nature Switzerland AG
Chapter	12
Pages	269-292
Number of pages	24
ISBN (Electronic)	9783030670009
ISBN (Print)	9783030669997, 9783030670023
DOIs	https://doi.org/10.1007/978-3-030-67000-9_12
Publication status	Published - 2021

Publication series

Name	Ius Comparatum - Global Studies in Comparative Law
Publisher	Springer Nature
Volume	53
ISSN (Print)	2214-6881
ISSN (Electronic)	2214-689X

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

10.1007/978-3-030-67000-9_12

IACL 2018 Netherlands report healtcareSubmitted manuscript, 381 KBLicence: CC BY-NC
Laarman Akkermans (2021) Innovating Compensation for Medical Liability in NL, Chapter 12Final published version, 333 KBLicence: Article 25fa Dutch Copyright Act

https://ssrn.com/abstract=3143320Licence: CC BY-NC

Persistent URL (handle)

Persistent link

Cite this

Laarman, B. S., & Akkermans, A. J. (2021). Innovating Compensation for Medical Liability in the Netherlands. In D. Bach-Golecka (Ed.), Compensation Schemes for Damages Caused by Healthcare and Alternatives to Court Proceedings: Comparative Law Perspectives (pp. 269-292). ( Ius Comparatum - Global Studies in Comparative Law ; Vol. 53). Springer Nature Switzerland AG. https://doi.org/10.1007/978-3-030-67000-9_12

@inbook{268f7078550441aeb08982d767c1cdb0,

title = "Innovating Compensation for Medical Liability in the Netherlands",

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 chapter offers insight into the Dutch legal framework of compensation for damage caused by healthcare. We start by presenting the traditional framework in the paragraph on the Dutch landscape of medical liability. Having laid the groundwork, we try to explain the innovations that have recently been introduced, in the paragraph dealing with 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 might entail a new reality force both healthcare and legal professionals. ",

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 = "2021",

doi = "10.1007/978-3-030-67000-9_12",

language = "English",

isbn = "9783030669997",

series = " Ius Comparatum - Global Studies in Comparative Law ",

publisher = "Springer Nature Switzerland AG",

pages = "269--292",

editor = "Dobrochna Bach-Golecka",

booktitle = "Compensation Schemes for Damages Caused by Healthcare and Alternatives to Court Proceedings",

}

Laarman, BS & Akkermans, AJ 2021, Innovating Compensation for Medical Liability in the Netherlands. in D Bach-Golecka (ed.), Compensation Schemes for Damages Caused by Healthcare and Alternatives to Court Proceedings: Comparative Law Perspectives. Ius Comparatum - Global Studies in Comparative Law , vol. 53, Springer Nature Switzerland AG, Cham, pp. 269-292. https://doi.org/10.1007/978-3-030-67000-9_12

Innovating Compensation for Medical Liability in the Netherlands. / Laarman, B.S.; Akkermans, A.J.
Compensation Schemes for Damages Caused by Healthcare and Alternatives to Court Proceedings: Comparative Law Perspectives. ed. / Dobrochna Bach-Golecka. Cham: Springer Nature Switzerland AG, 2021. p. 269-292 ( Ius Comparatum - Global Studies in Comparative Law ; Vol. 53).

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

TY - CHAP

T1 - Innovating Compensation for Medical Liability in the Netherlands

AU - Laarman, B.S.

AU - Akkermans, A.J.

PY - 2021

Y1 - 2021

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 chapter offers insight into the Dutch legal framework of compensation for damage caused by healthcare. We start by presenting the traditional framework in the paragraph on the Dutch landscape of medical liability. Having laid the groundwork, we try to explain the innovations that have recently been introduced, in the paragraph dealing with 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 might entail a new reality force both healthcare and legal professionals.

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 chapter offers insight into the Dutch legal framework of compensation for damage caused by healthcare. We start by presenting the traditional framework in the paragraph on the Dutch landscape of medical liability. Having laid the groundwork, we try to explain the innovations that have recently been introduced, in the paragraph dealing with 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 might entail a new reality force both healthcare and legal professionals.

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.springerprofessional.de/en/compensation-schemes-for-damages-caused-by-healthcare-and-altern/19166652

U2 - 10.1007/978-3-030-67000-9_12

DO - 10.1007/978-3-030-67000-9_12

M3 - Chapter

SN - 9783030669997

SN - 9783030670023

T3 - Ius Comparatum - Global Studies in Comparative Law

SP - 269

EP - 292

BT - Compensation Schemes for Damages Caused by Healthcare and Alternatives to Court Proceedings

A2 - Bach-Golecka, Dobrochna

PB - Springer Nature Switzerland AG

CY - Cham

ER -

Laarman BS , Akkermans AJ. Innovating Compensation for Medical Liability in the Netherlands. In Bach-Golecka D, editor, Compensation Schemes for Damages Caused by Healthcare and Alternatives to Court Proceedings: Comparative Law Perspectives. Cham: Springer Nature Switzerland AG. 2021. p. 269-292. ( Ius Comparatum - Global Studies in Comparative Law ). Epub 2021 May 17. doi: 10.1007/978-3-030-67000-9_12

Innovating Compensation for Medical Liability in the Netherlands

Abstract

Publication series

Keywords

UN SDGs

Access to Document

Persistent URL (handle)

Other files and links

Fingerprint

Apology after medical errors: a qualitative vignette study: Medical errors: impact of apology and admission on the resolution and compensation of claims

Victims of medical errors and the problems they face: a prospective comparative study among the Dutch population

Achieving Justice in Personal Injury Compensation: The Need to Address the Emotional Dimensions of Suffering a Wrong

Aandachtspunten bij het ontwerp van nieuwe regelingen

Towards Responsive Law

Wat te doen bij medische incidenten

Medische missers

Medische missers. Aansprakelijkheid. Verdwaald in een woud van kil papierwerk en procedures

Een open en ontspannen omgang met klachten

Cite this

Innovating Compensation for Medical Liability in the Netherlands

Abstract

Publication series

Keywords

UN SDGs

Access to Document

Persistent URL (handle)

Other files and links

Fingerprint

Research output

Activities

Press/Media

Cite this