Proper post-surgery care is crucial.
Doctors and hospitals have a duty to carefully monitor patients, respond in timely manner to complaints and prevent complications.
Yet, in practice, this often goes wrong – sometimes resulting in serious or permanent damage.

In this article, you will learn when poor aftercare constitutes a medical error, who is liable, and how to obtain compensation.

What does aftercare consist of?

Aftercare comprises all therapeutic control following a medical procedure.
The aim is to detect complications, follow recovery, and to enable the patient to heal safely.

Examples of necessary post-treatment are:

• Checking wound healing or scars

• Guidance with medication or pain management

• Monitoring vital signs after surgery

• Interim testing of blood values or scans

• Timely response to complications or patient complaints

If these steps are skipped or not carried out carefully, it can lead to severe damage.

When is there a mistake in aftercare?

A doctor or a hospital may be liable if:

1. There has been insufficient control or follow-up following the procedure;

2. Complaints or indications of complications have not been taken seriously;

3. The patient was not properly informed about alarm symptoms or next steps;

4. There was a faulty handover between doctors or departments.

Aftercare is an integral part of the treatment – defects in it are considered a medical error.

Examples from Practice

• A patient develops a fever after surgery, but the doctor is slow to respond – later it turns out the patient has a serious infection.

• A patient reports pain and swelling after a knee operation but is not examined; it turns out that the prosthesis has been incorrectly placed.

• After a c-section, complications occur due to missed checks of the wound.

• A specialist forgets to schedule a check-up, resulting in a complication being discovered months later.

In all these situations care is insufficient.

Who is Liable?

According to Article 7:462 BW, the medical institution is liable for the mistakes of its personnel and assistants.
This means that both the treating doctor and the hospital can be held responsible for poor aftercare.

In cases where a team of doctors is involved (for example, in a team or during a handover), the medical institution still remains ultimately responsible for the coordination of postoperative care.

What damage can be compensated?

Damage can be substantial in cases of insufficient aftercare.
You can get compensation for:

Material damages:

• Additional healthcare costs due to corrective surgeries or infection treatments

• Loss of income from prolonged recovery

• Travel and medication costs

• Assistive devices or domestic help

Non-Material Damage (compensation for pain and suffering):

• Pain, inconvenience and fear due to complications

• Long-term psychological impact or loss of trust in healthcare

Also read:
👉 Compensation in the case of medical liability
👉 Pain and Suffering Compensation in the case of medical errors

What can you do if aftercare went wrong?

1. Request your medical records – they contain treatment reports and checks.

2. Note down complaints and contacts with the hospital.

3. Enlist a medical advisor – they can judge whether aftercare fell below the professional standard.

4. Have a lawyer hold the healthcare institution liable.

Also read:
👉 Medical records: access, copy and correction
👉 Filing a complaint after a medical mistake

Why Arslan & Arslan Attorneys?

Our attorneys are specialised in medical liability and know exactly how to prove liability in cases of post-surgery care failures.
We collaborate with independent medical advisors and ensure comprehensive compensation – at no cost to the patient.