When something goes wrong during medical treatment, many people think they can make a claim at any time. In reality, a limitation period also applies to medical errors: over time, the right to hold the doctor or hospital liable expires.
In this blog we explain step by step how limitation works in medical liability cases, when the period starts to run, how you can interrupt the limitation period and why quick action is essential.
What does limitation mean in medical mistakes?
The limitation period means that you lose your right to compensation after a certain period of time.
The idea behind this is legal certainty: a doctor or hospital should not run the endless risk that someone will submit a claim after decades.
At the same time, medical damage is often only visible after a long time. Consider an error during an operation, a missed diagnosis or incorrect use of medication. That is why it is important to know when the clock starts ticking.
How long is the limitation period?
In civil law, two periods apply:
A period of five years
This starts to run from the moment you know - or can reasonably know - that you have suffered damage and who is liable for it.An absolute period of twenty years
This starts to run from the day on which the medical error occurred, regardless of when you discover the damage.
After twenty years, the right to compensation permanently expires, even if you only discover the error later.
When does the period start to run?
The moment of 'known' is often the subject of discussion.
The judge not only looks at what you actually knew, but also at what you could reasonably have known.
Some examples:
You only discover years after an operation that a medical error has been made, for example because a medical device has been incorrectly placed. The period then starts to run from the moment you understand that your complaints may have been caused by that error.
You know that you have suffered damage, but not yet that it was caused by careless medical action. Then the limitation period has not yet started.
You suspect that something went wrong, but you do not yet know who is responsible. Even then, the limitation period cannot yet have started.
In short: as long as you do not know - or could not reasonably have known - that there was an error, the limitation period remains frozen.
How judges deal with limitation in medical errors
The case law has regularly emphasized that patients should not be assessed too strictly when determining the moment at which the limitation period begins.
The idea behind this is that medical errors often only come to light much later.
For example, it was ruled in several cases that the limitation period only started to run when the patient was actually able to recognize the error and take legal action.
It is important that "awareness" only exists if the patient has sufficient knowledge of:
the nature of the damage;
the possible medical cause; and
the identity of the person who may be liable.
If you do not yet have this knowledge, then your claim is not yet time-barred.
How do you prevent your claim from becoming time-barred?
As soon as you suspect that something has gone wrong, it is wise to interrupt the limitation period.
You do this by submitting a written to send a termination letter to the healthcare provider or his insurer. In this letter you indicate that you reserve the right to claim compensation.
After such a disruption, a new period of five years starts to run.
In this way, you keep your rights safe, even if the investigation into the medical error is still ongoing.
The absolute period of twenty years
In addition to the relative period of five years, a hard limit of twenty years applies.
After that period, the claim can no longer be brought – even if the error is only discovered later.
This period can only be deviated from in very exceptional situations, such as deliberate deception or withholding of information by the doctor.
What if the limitation period has expired?
If the period has expired, the healthcare provider or insurer can invoke limitation.
In that case, your claim will no longer be substantively processed, even if there is demonstrable medical error. made.
It is therefore crucial to obtain timely legal advice as soon as you suspect that something has gone wrong. A lawyer can help you preserve your rights by interrupting the statute of limitations or formally asserting liability.
Why legal assistance is essential
Medical liability cases are complex. The limitation periods often run while the investigation into the cause of the damage is still ongoing.
A lawyer can assess:
whether the limitation period has already started;
whether the period can be interrupted;
and how best to record this.
At Arslan Advocaten we ensure that no period goes unnoticed. passes.
We correctly determine liability, engage medical experts and - if necessary - submit the correct interruption letters in a timely manner.
Our help is free of charge for victims, because the costs are recovered from the liable party.
Why choose Arslan Advocaten?
Specialized in medical liability and personal injury
Expert in limitation, interruption and evidence
Collaboration with experienced medical advisors
Free legal assistance for victims
At Arslan Advocaten, your recovery and right to compensation are central. We ensure that you do not lose any rights due to limitation and guide you from start to finish.