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, compensation, open disclosure, apology, health law, public health, medical malpractice, patient safety, just culture, peer support, second victim, complaints, alternative dispute resolution, conflict management, restorative justice, therapeutic jurisprudence