A physiotherapist can be liable if the treatment falls below the required professional standard and additional damage arises as a result. More pain after a treatment is not automatically proof of an error. It must be examined what the therapist should have done and which part of your symptoms was caused by careless conduct.
When can there be a treatment error?
Examine, for example, whether the intake was adequate, whether contraindications were recognised, whether a technique was applied appropriately and whether warning signs were responded to. The explanation of relevant risks, alternatives and consent may also play a role. The assessment is made on the basis of the information available at that moment.
Physiotherapy can cause temporary after-pain or other discomfort without there being any lack of care. Conversely, a serious complication may be a reason to examine whether the right precautions were taken. A medical adviser or expert can help to make this distinction.
Continuing treatment for too long or failing to refer
If symptoms change or warning signs appear, reassessment or referral may be necessary. Which action is appropriate depends on the symptoms and professional guidelines. Record when you reported which symptoms, how they were responded to and when a doctor eventually made a diagnosis.
A later diagnosis does not in itself prove that the physiotherapist should have referred you earlier. Examine which indications existed at the time and whether earlier action would probably have prevented additional damage. With urgent or worsening symptoms, appropriate medical help comes first.
Also for other allied health professionals?
With other allied health practitioners, such as an occupational therapist or speech therapist, the specific treatment and the professional standard are likewise central. The applicable professional rules, registration and complaints bodies may differ. Not every practitioner is subject to the same disciplinary law. Check the status and role of the person involved and of the practice.
Whom do you hold liable?
Look at who your contracting party is and in which organisation the treatment took place. A self-employed therapist, a practice company and a healthcare institution may have different responsibilities. Ask for the name of the party handling the claim and for the claim to be forwarded to the liability insurer if one has been involved.
Which damage can be compensated?
It concerns additional damage caused by the error, on top of the symptoms for which you were already being treated. Think of additional healthcare costs, loss of income, necessary assistance and, subject to conditions, compensation for pain and suffering. The existing condition and the recovery to be expected without the error must be included in the comparison.
Different medical causes can exist side by side. Have the link substantiated; the sequence ‘first treatment, then symptoms’ is not always sufficient in itself. Read more in the overview of medical liability.
File and evidence
- Intake, treatment plan, treatment records and correspondence.
- Referrals, diagnoses and information about your symptoms before the treatment.
- The moments at which you reported new symptoms.
- Information about the risks explained and the alternatives discussed.
- Follow-up medical examinations and proof of additional costs or loss of income.
Ask for a copy of your file. If a factual entry is incorrect, you can ask for it to be corrected; a difference of opinion about a professional judgement is a different matter. Our guide on access to, copies of and correction of the medical file explains this further.
Complaint and claim for damages are different routes
A complaints officer can help with an explanation or a solution. Subject to conditions, a disputes committee can rule on a dispute. For BIG-registered healthcare professionals, medical disciplinary law may be relevant. Choose the route based on your goal and monitor the time limits of the claim for damages separately.
Frequently asked questions
Does after-pain mean that the treatment was wrong?
No. The nature of the treatment, its course and the professional standard must be assessed.
Do I have to file a complaint first?
Not for every liability route. A complaint can be useful, but it does not replace checking the limitation period and the evidence.
Is legal assistance always free of charge?
No. Make arrangements in advance about the investigation and costs. Recovery from the liable party depends on the circumstances.
Sources
Civil Code, Book 7, in particular the medical treatment agreement; Disciplinary Tribunals for Healthcare (Tuchtcolleges voor de Gezondheidszorg).
Time limits, costs and your next step
Report the suspected error in good time and in concrete terms. A complaint and interrupting the limitation period are different acts. For claims for damages, a period of five years after actual awareness of the damage and of the liable person often applies, but special rules and other time limits may apply. Have the time limit for your own file checked.
Responsible lawyer: Onur Arslan. Contact us with a brief description and any urgent deadline. Discuss in advance the scope and costs of the investigation, possible expert costs and litigation risks. Recovery of all costs is not guaranteed.
See also the general professional liability guide for a step-by-step plan, a file checklist and an explanation of damage, causation and complaints procedures. Legal basis: Book 7 of the Civil Code (duty of care), Book 6 of the Civil Code (compensation and the duty to complain in time) and Book 3 of the Civil Code (limitation and interruption).
