If you have been the victim of a medical error, you want clarity: what went wrong, who is responsible and how can you get justice?
One of the first steps you can take is to file a complaint with the healthcare institution. This can be done in addition to — or prior to — legal proceedings.
In this blog we explain step by step how the complaints procedure works, what your rights are and when it is wise to also claim compensation.
What is a medical complaint?
A medical complaint is a report about the way in which you have been treated by a doctor, hospital or other healthcare provider.
It may concern:
medical error or misdiagnosis;
a lack of communication or treatment;
insufficient information about risks;
errors in medication or operations;
or inadequate aftercare.
A complaint can therefore be about the quality of care or the behavior of the healthcare provider.
It The aim is to be heard, to obtain clarification and - where necessary - to ensure that the error does not happen again.
What is the difference between a complaint and a claim for damages?
You submit a complaint to the healthcare institution itself or to a complaints committee.
You submit a claim for damages to the insurer of the healthcare provider or the hospital through a liability claim.
The most important difference:
| Complaint | Damage claim |
|---|---|
| Aimed at recognition or improvement | Aimed at financial compensation |
| Is handled by a complaints officer or committee | Assessed by insurer or judge |
| Free and accessible | Legal process, often with the help of a lawyer |
| Result: explanation, apology, improvement measure | Result: compensation |
You can go through both processes side by side. It is often wise to first ask for clarity through a complaint before you start a claims procedure.
Where can you file a complaint?
Every healthcare institution in the Netherlands is obliged to have a complaints procedure according to the Care Quality, Complaints and Disputes Act (Wkkgz).
You can submit a complaint to:
the complaints officer of the hospital or practice;
the internal complaints committee of the healthcare institution;
or, if you cannot resolve it internally, an independent disputes committee or the Health Care and Youth Inspectorate (IGJ).
The complaints officer is obliged to help you free of charge and to offer mediation.
Step-by-step plan: filing a complaint after a medical error
1. Discuss your complaint with the doctor first
Sometimes there is miscommunication or a misunderstanding.
A conversation with the practitioner can quickly lead to a solution.
2. Write down your complaint
Describe what happened, when, and why you are dissatisfied.
Be specific and remain factual. Please state:
date and place of the event;
persons involved;
consequences for your health or recovery.
3. Submit your complaint in writing to the healthcare institution
Always ask for confirmation of receipt.
The healthcare institution must respond within six weeks (with a possible extension of four weeks).
4. If necessary, ask for a meeting or mediation
The complaints officer can help to restore communication and make agreements about repairs or apologies.
5. Not satisfied with the outcome?
Then you can submit your complaint to an independent disputes committee or to the IGJ.
Read also:
👉 The medical file: inspection, copy and correction
👉 Informed consent: right to information and consent
What does the Healthcare and Youth Inspectorate (IGJ) do?
The IGJ monitors the quality and safety of care.
You can report to the IGJ if:
the healthcare provider has seriously failed;
there is a danger to other patients;
or the healthcare institution refuses to treat your complaint seriously.
The IGJ does not investigate individual claims for damages, but can impose measures on healthcare providers or institutions.
;
calculate and substantiate damage amounts;
negotiate with insurers.
Read also:
👉 Damage compensation in medical liability
👉Causal connection with medical errors
What can you expect from the complaints procedure?
Most complaints are settled within a few weeks.
You can submit a written response, an explanation or an expect a conversation.
Sometimes a formal acknowledgment of the error also follows.
The complaints procedure can help you process the situation and gain insight into what went wrong — even if you subsequently decide to claim compensation.
Why Arslan & Arslan Lawyers?
At Arslan & Arslan Lawyers we have extensive experience in guiding clients who want to file a complaint or claim for damages after a medical error.
We work together with medical advisors and ensure a careful and personal process.
Our clients choose us because we:
provide free legal assistance (we recover costs from the liable party);
provide clear advice about the feasibility of your case;
guarantee personal contact throughout the entire process.
Do you want to file a complaint after a medical error?
Are you in doubt? about the treatment you received or do you suspect that something went wrong?
Contact Arslan & Arslan Advocaten for a free assessment of your case.
We will help you protect your rights and gain clarity about what happened.