If you have fallen victim to a medical error, you want clarity: what went wrong, who is responsible, and how can you obtain justice?
One of the first steps you can take is filing a complaint with the healthcare institution. This can be 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 advisable to also claim compensation.
What is a medical complaint?
A medical complaint is a report about the way you were treated by a doctor, hospital, or other healthcare provider.
It can involve:
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a medical error or an incorrect diagnosis;
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a lack of communication or improper conduct;
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insufficient information about risks;
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errors in medication or surgeries;
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or inadequate aftercare.
A complaint can be about the quality of care or the behavior of the healthcare provider.
The goal is to be heard, to obtain clarification and – where necessary – to ensure that the mistake does not happen again.
What is the difference between a complaint and a damages claim?
You submit a complaint to the healthcare institution itself or to a complaints committee.
You submit a damages claim with the insurer of the healthcare provider or the hospital via a notice of liability.
The main difference:
| Complaint | Damages claim |
|---|---|
| Focused on acknowledgment or improvement | Focused on financial compensation |
| Handled by a complaints officer or committee | Assessed by the insurer or a judge |
| Free of charge and easily accessible | Legal process, often with the help of a lawyer |
| Outcome: explanation, apology, improvement measure | Outcome: compensation for damages |
You can follow both routes alongside each other proceed. It is often advisable to first seek clarity through a complaint before you start a damages procedure.
Where can you file a complaint?
Every healthcare institution in the Netherlands is required to have a complaints procedure to have in accordance with the Quality, Complaints and Disputes in Healthcare Act (Wkkgz).
You can submit a complaint to:
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the complaints officer of the hospital or the practice;
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the internal complaints committee of the healthcare institution;
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or, if you cannot resolve it internally, an independent disputes committee or the Health and Youth Care Inspectorate (IGJ).
The complaints officer is required to help you free of charge and offer mediation.
Step-by-step plan: filing a complaint after a medical error
1. First discuss your complaint with the doctor
Sometimes there is miscommunication or a misunderstanding.
A conversation with the healthcare provider can quickly lead to a solution.
2. Write down your complaint
Describe what happened, when, and why you are dissatisfied.
Be specific and stick to the facts. Include:
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date and place of the incident;
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people involved;
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consequences for your health or recovery.
3. Submit your complaint in writing to the healthcare institution
Always ask for an acknowledgment of receipt.
The healthcare institution must within six weeks respond (with a possible extension of four weeks).
4. Ask for a meeting or mediation if necessary
The complaints officer can help restore communication and make arrangements about remediation or apologies.
5. Not satisfied with the outcome?
Then you can submit your complaint to an independent disputes committee or to the IGJ.
Also read:
👉 The medical record: access, copy and correction
👉 Informed consent: right to information and consent
What does the Health and Youth Care Inspectorate (IGJ) do?
The IGJ supervises the quality and safety of care.
You can file a report with the IGJ if:
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the healthcare provider has seriously fallen short;
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there is danger to other patients;
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or the healthcare institution refuses to take your complaint seriously.
The IGJ does not investigate individual claims for damages, but can impose measures on healthcare providers or institutions.
When is it wise to hire a lawyer?
A complaint can sometimes lead to acknowledgment, but no financial compensation.
If you have suffered physical or psychological harm, it is wise to seek legal assistance.
A specialized lawyer can:
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obtain and assess your file;
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formally hold the responsible party liable;
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calculate and substantiate the damages;
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negotiate with insurers.
Read also:
👉 Compensation in medical liability cases
👉 Causal link in medical errors
What can you expect from the complaints procedure?
Most complaints are handled within a few weeks.
You can expect a written response, an explanation, or a meeting.
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 later decide to claim compensation.
Why Arslan Advocaten Lawyers?
At Arslan & Arslan Advocaten we have extensive experience assisting clients who wish to file a complaint or claim for damages after a medical error.
We work with medical advisors and ensure a careful and personalized process.
Our clients choose us because we:
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free legal assistance provide (we recover the costs from the liable party);
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clear advice give regarding the feasibility of your case;
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personal contact guarantee throughout the entire process.
Do you want to file a complaint after a medical error?
Do you have doubts about the treatment you received, or do you suspect that something went wrong?
Contact Arslan & Arslan Advocaten for a free evaluation of your case.
We help you protect your rights and gain clarity about what happened.
Frequently Asked Questions
What steps should I take if I believe I have experienced a medical error?
You should first discuss your complaint directly with the healthcare provider involved, then write down a detailed account of what happened. If necessary, escalate your complaint to the healthcare institution’s complaints officer or an independent committee.
What is the main difference between filing a complaint and claiming damages?
A complaint aims to seek acknowledgment, clarification, or improvement from the healthcare provider and is usually free of charge, while claiming damages seeks financial compensation through legal proceedings with an insurer or court.
Where can I file a complaint about medical treatment in the Netherlands?
You can file a complaint with the healthcare institution’s complaints officer, internal complaints committee, or if unresolved, with an independent disputes committee or the Health and Youth Care Inspectorate (IGJ).
Is it advisable to file a complaint before pursuing legal action for damages?
Yes, it is often recommended to first seek clarity and resolution through a formal complaint, which can sometimes resolve issues without the need for legal proceedings, or prepare for a potential damages claim.
