Innovating Compensation for Medical Liability in the Netherlands

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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 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 languageEnglish
Title of host publicationCompensation Schemes for Damages Caused by Healthcare and Alternatives to Court Proceedings
Subtitle of host publicationComparative Law Perspectives
EditorsDobrochna Bach-Golecka
Place of PublicationCham
PublisherSpringer Nature Switzerland AG
Chapter12
Pages269-292
Number of pages24
ISBN (Electronic)9783030670009
ISBN (Print)9783030669997, 9783030670023
DOIs
Publication statusPublished - May 2021

Publication series

Name Ius Comparatum - Global Studies in Comparative Law
PublisherSpringer Nature
Volume53
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

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