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 explore a complaint and a compensation claim alongside each other. A complaint may clarify what happened, while a claim addresses liability and loss. Keep limitation periods and the consequences of any binding decision under separate review.
Where to complain about medical treatment in the Netherlands
Start with the care provider or their independent complaints officer. The complaints officer’s help is free. If the complaint remains unresolved, the provider’s recognised healthcare dispute body may be an option. Check its rules before submitting: its decision is binding and may affect a later court claim.
The IGJ’s Landelijk Meldpunt Zorg provides advice and receives safety signals. It does not resolve your individual complaint or award damages. See the IGJ’s explanation of reports.
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?
Check the recognised dispute body to which your provider belongs and whether that route suits your aim. A disciplinary complaint or civil damages claim serves a different purpose. The IGJ can receive a safety report, but it does not decide your individual compensation claim.
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 help obtain an explanation or improve care. Compensation requires a separate assessment of the legal basis, injury and causal link; a recognised dispute body can also award compensation within its rules. You do not have to wait for a complaint to finish before seeking advice on a claim or protecting a deadline.
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.
Legal and medical support with your next step
Arslan Advocaten’s lawyers and legal professionals can review the complaint, liability claim and evidence together. We work with NIVRE-registered experts and medical advisory bureau MEDICA to connect the medical assessment with the loss calculation. Keep your complaint, acknowledgement of receipt, reply and relevant medical records in one file.
Your first assessment is free and without obligation. We seek recovery of reasonable legal costs from the liable party or their insurer. If that is not possible, we first check eligibility for Dutch subsidised legal aid (toevoeging), then whether a no-cure-no-pay arrangement is permitted and suitable. We never charge you costs without prior discussion and your approval.
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?
Contact the care provider or its complaints officer first. If unresolved, consider the recognised dispute body and its binding-decision rules. The IGJ’s Landelijk Meldpunt Zorg offers advice and receives safety signals; it does not resolve the individual complaint or award compensation.
Is it advisable to file a complaint before pursuing legal action for damages?
A complaint may clarify what happened, but it is not a general prerequisite for a damages claim. You can seek legal advice while the complaint is pending. Have limitation periods checked separately; do not assume that a complaint alone interrupts them.
