When you suspect that something went wrong during a medical treatment, an expert examination can help provide clarity. This examination plays a central role in medical liability cases: it determines whether a medical error occurred, and if so, whether that error also led to your damages.
In this blog, we explain what an expert examination entails, how the process works, and what you as a patient should pay attention to.
What is an expert examination?
An expert examination is an independent medical investigation conducted by a specialist who was not involved in the treatment.
The purpose is to assess — based on the medical data and sometimes a physical examination — whether the doctor or healthcare provider acted in accordance with the professional standard.
Such an examination can be conducted:
At the request of the insurer, when there is doubt about liability;
At the request of the victim's lawyer, to substantiate the claim;
Or by the court, when the parties cannot agree on the medical facts.
When is an expert examination used?
An expert examination is particularly important when:
There is a dispute about what exactly happened;
The question is whether the injury is a complication or an avoidable error;
The consequences of the injury are long-term or permanent;
Or there is uncertainty about the recovery and limitations.
In many cases, the expert report is the decisive factor in establishing liability.
Also read our blog Medical error or complication: what is the difference and when is the doctor liable? for a better understanding of this distinction.
Who chooses the expert?
The choice of the expert is made in consultation between the parties. In many cases, both parties propose a list of possible specialists, after which one is jointly selected.
If the parties cannot reach agreement, the court can appoint an expert from the official register of judicial experts (NRGD).
Important: the expert must be completely independent. This means they may have no interest whatsoever in the outcome of the investigation.
How does an expert examination proceed?
The process usually proceeds in several phases:
Preliminary investigation and formulation of questions
First, the relevant medical files are collected. Then the research questions are formulated — usually in consultation between the lawyers and the expert. These questions concern, for example:What was the diagnosis and treatment?
Was the treatment carried out according to applicable guidelines?
Could the injury have been prevented?
What are the consequences for the patient's health?
Review and response
Both parties are given access to the questions and can submit comments. Only then does the expert begin their work.Examination by the expert
The expert studies the file, possibly conducts a physical examination, and prepares a preliminary report.Comment round
Parties may respond to this draft report (the so-called "opinion"). The expert processes these responses in the final report.Final report
The final report is issued to both parties — or to the court, if it concerns a judicial investigation.
How independent is an expert examination?
An expert examination must be objective. The expert is required to work according to the Guidelines for experts in civil cases, which states that:
the expert must treat both parties equally;
must be transparent about the information and research methods used;
and must always explain how they reached their conclusions.
If there is doubt about the impartiality of an expert, your lawyer can object or request a counter-expertise.
What if you disagree with the outcome?
If you disagree with the report, there are several options:
You can have your own medical advisor provide written commentary;
You can have a counter-expertise conducted by another expert;
Or, in a judicial investigation, your lawyer can ask the court to appoint a second expert.
A well-substantiated response can significantly influence the value of the report, especially if it appears that the first expert overlooked certain aspects.
Costs of an expert examination
The costs vary per case and are often advanced by one party.
In a judicial investigation, the court determines who pays the costs.
In most cases, the costs are ultimately recovered from the liable party, especially if the error has been established.
At Arslan Advocaten, we ensure that clients do not have to bear these costs themselves.
The role of your lawyer
An expert examination is legally and medically complex. Your lawyer therefore plays an important role:
They ensure the right questions are put to the expert;
They verify that the investigation proceeds according to the rules;
And together with the medical advisor, they assess whether the report is complete and logically structured.
An experienced personal injury or medical liability lawyer knows exactly where the pitfalls are — and how to protect yourself against them.
Read more about the collaboration between doctors and lawyers in Medical advice for personal injury: what does a medical advisor do exactly?
Why Arslan Advocaten?
At Arslan Advocaten, we guide clients through every phase of the expert examination.
We ensure you enter the investigation well-prepared, that your interests are safeguarded, and that the report is properly used in claiming compensation.
Our services are free of charge for victims, because we recover our costs from the liable party.