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, 2018

18 Pages Posted: 22 Mar 2018  

Berber Laarman

VU University Amsterdam - Amsterdam Centre for Comprehensive Law

Arno J. Akkermans

Amsterdam Centre for Comprehensive Law; VU University Amsterdam - Faculty of Law

Date Written: March 19, 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

Suggested Citation

Laarman, Berber and Akkermans, Arno 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 (March 19, 2018). Netherlands Reports to the Twentieth International Congress of Comparative Law, 2018. Available at SSRN: https://ssrn.com/abstract=3143320 or http://dx.doi.org/10.2139/ssrn.3143320

Berber Laarman

VU University Amsterdam - Amsterdam Centre for Comprehensive Law ( email )

Faculty of Law, Initium Building
De Boelelaan 1077
Amsterdam, 1081HV
Netherlands

Arno J. Akkermans (Contact Author)

Amsterdam Centre for Comprehensive Law ( email )

Faculty of Law, Initium Building
De Boelelaan 1077
Amsterdam, 1081HV
Netherlands

HOME PAGE: http://www.rechten.vu.nl/en/research/organization/research-programmes/accl/index.asp

VU University Amsterdam - Faculty of Law ( email )

De Boelelaan 1105
Amsterdam, 1081 HV
Netherlands
+31205986286 (Phone)
+31205986280 (Fax)

HOME PAGE: http://www.rechten.vu.nl/en/about-the-faculty/faculty/faculty/dutch-private-law/akkermans-a-j.asp

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