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:
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Checking wound healing or scars
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Guidance with medication or pain management
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Monitoring vital signs after surgery
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Interim testing of blood values or scans
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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:
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There has been insufficient control or follow-up following the procedure;
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Complaints or indications of complications have not been taken seriously;
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The patient was not properly informed about alarm symptoms or next steps;
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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
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A patient develops a fever after surgery, but the doctor is slow to respond – later it turns out the patient has a serious infection.
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A patient reports pain and swelling after a knee operation but is not examined; it turns out that the prosthesis has been incorrectly placed.
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After a c-section, complications occur due to missed checks of the wound.
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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:
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Additional healthcare costs due to corrective surgeries or infection treatments
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Loss of income from prolonged recovery
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Travel and medication costs
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Assistive devices or domestic help
Non-Material Damage (compensation for pain and suffering):
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Pain, inconvenience and fear due to complications
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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?
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Request your medical records – they contain treatment reports and checks.
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Note down complaints and contacts with the hospital.
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Enlist a medical advisor – they can judge whether aftercare fell below the professional standard.
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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.
Legal Framework and Patient Rights in the Netherlands
In the Netherlands, the rights of patients regarding medical treatment and aftercare are protected under the Medical Treatment Contracts Act (Wet op de geneeskundige behandelingsovereenkomst, WGBO). This legislation sets clear standards for healthcare providers, including the obligation to provide proper aftercare and timely follow-up. Failure to meet these standards may be deemed medical negligence or malpractice, giving patients grounds to claim compensation.
Under Dutch law, healthcare providers must also adhere to the Professional Standard of Care, which defines what is considered acceptable medical practice. If aftercare falls below this standard, it may constitute a breach of duty. For example, if a hospital fails to schedule necessary post-operative check-ups or ignores patient complaints about symptoms that suggest complications, it can be held liable for any resulting harm.
Examples of Aftercare Failures and Legal Consequences
- Missed appointments or tests: If a hospital fails to conduct essential blood tests or imaging scans after surgery, complications such as infections or internal bleeding may go unnoticed, leading to worsened health outcomes.
- Inadequate pain management: Pain that is not properly managed can cause prolonged suffering and delay recovery, which may be grounds for a claim if it reflects negligence.
- Poor communication: Patients who are not informed about warning signs or necessary next steps may fail to seek timely care, increasing the risk of permanent damage.
Practical Advice for Patients
To protect your rights and ensure proper post-surgical care, consider the following tips:
- Keep detailed records: Document all appointments, communications with healthcare providers, and any symptoms or complaints you experience after surgery.
- Ask questions: Make sure you understand the post-treatment instructions, including medication schedules and signs of complications.
- Seek a second opinion: If you feel your concerns are not being taken seriously, consult another healthcare professional promptly.
- Report issues early: Notify your doctor or hospital immediately if you notice unusual symptoms or worsening pain.
Should you suspect that improper aftercare has caused you harm, it is crucial to consult with a specialized legal professional who understands Dutch healthcare law and personal injury claims.
How Arslan & Arslan Advocaten Can Help
If you have suffered due to incorrect post-treatment or missed follow-up care after surgery, our expert team at Arslan & Arslan Advocaten is here to assist you. We provide comprehensive legal support to help you assess your case, establish liability, and pursue fair compensation. Contact us today for a confidential consultation and let us help you protect your rights and secure the justice you deserve.
Frequently Asked Questions
What constitutes inadequate post-treatment care after surgery?
Inadequate post-treatment care includes insufficient monitoring, ignoring patient complaints, and failing to inform patients about warning signs. These oversights can lead to serious or permanent damage, making them considered medical errors.
Who can be held responsible if I suffer harm due to poor aftercare?
The medical institution, including the hospital and treating doctors, can be held liable for errors in aftercare, especially if there was negligence or failure to follow proper procedures. The institution is responsible for the actions of its staff and the coordination of care.
What types of damages can I claim if I experience complications from missed or improper aftercare?
You can claim compensation for material damages such as additional healthcare costs and loss of income, as well as non-material damages like pain, suffering, and psychological impact caused by complications.
How do I prove that my post-surgery care was negligent?
You need to demonstrate that there was insufficient follow-up, ignored complaints, or lack of proper information about warning signs, and that these failures directly resulted in your injury or complications.