A medical error means that a doctor did not act as would be expected of a reasonably acting and competent doctor. That is to say that the GP deviates from what is considered careful and correct within the medical profession.
There is not always a mistake when a treatment or diagnosis turns out badly. Sometimes a complication can arise without the doctor having done anything wrong. Only when the GP can be blamed – for example, because he or she did insufficient investigation or ignored warnings – is there a medical error.
Common examples of errors by GPs
GPs have a broad scope of work and often have to make decisions under time pressure. Precisely for that reason, medical errors in general practice occur regularly. Some examples are:
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Failing to refer, or referring too late, to a specialist.
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Missing a serious condition such as cancer, heart attack, or pulmonary embolism.
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Misinterpreting test results or laboratory results.
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Prescribing the wrong medication or the wrong dosage.
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Providing insufficient explanation or incorrect information to the patient.
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Failure to (promptly) follow up on warning signs or complaints.
Such errors can lead to worsening of the condition, permanent injury, or even death. In those cases, the patient or their next of kin can hold the GP liable for the damage.
When is the GP liable?
To establish liability, three conditions must be met:
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There must be an error or negligence
The GP did not act as a reasonably competent and careful doctor would in the same situation. -
There must be damage
This may involve physical, psychological, or financial harm. -
There must be a causal link between the error and the harm
The harm must directly result from the GP’s negligent actions.
Only when these three conditions are met is the GP or their insurer liable.
How can you prove a medical error by the GP?
An important first step is the requesting of your medical record. By law, you always have the right to inspect and obtain a copy of your record. It contains the findings, diagnoses, and notes from your GP.
Based on this record, a medical advisor assess whether the GP has taken the correct steps or whether there has been a medical error. Sometimes additional investigation is needed by an independent medical expert, for example, to determine whether the injury was actually caused by the GP’s actions.
📎 Tip: Carefully keep all medical documents, correspondence and notes. They are very important when demonstrating liability.
Compensation for medical errors by the GP
When liability has been established, you are entitled to full compensation. This consists of both material and immaterial damage.
Material damage can consist of:
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Costs of medical treatments or medications that are not covered by health insurance.
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Travel expenses to doctors or specialists.
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Loss of income if you are (temporarily) unable to work.
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Costs for household help or home modifications.
Non-material damage (pain and suffering) is compensation for pain, grief, anxiety, and loss of enjoyment of life. The amount depends on the severity of the injury and its effects on your daily life.
Read also:
👉 Pain and suffering compensation for medical errors
👉Compensation for medical liability
What can you do if you think your GP has made a mistake?
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Ask your GP for an explanation
Sometimes ambiguity or a misunderstanding can be resolved after a discussion. -
Request your medical record
This is your right and essential for further investigation. -
Have a medical advisor review the file
This expert assesses whether the GP’s actions deviated from what could be expected from a medical perspective. -
Seek legal assistance
A specialized personal injury lawyer helps you collect evidence, establish liability, and calculate your damages.
Also read:
👉 Informed consent: your right to clear information about medical treatments
👉 The medical record: access, copy and correction
Why choose Arslan Advocaten Attorneys?
At Arslan & Arslan Attorneys we have many years of experience in medical liability cases. We understand that a medical error has not only physical but also emotional and financial consequences.
That’s why we provide:
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Completely free legal assistance: we recover our costs from the liable party.
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Expert assessment by medical advisors.
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Fast and personal support.
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Maximum compensation in cases of medical errors.
We take the entire legal process off your hands, so you can focus on your recovery.
Have you experienced a medical error with your GP?
Are you unsure whether a medical error has occurred or would you like to know whether you are entitled to compensation?
Then contact our medical liability specialists directly. We will assess your situation free of charge and without obligation.
Frequently Asked Questions
What constitutes a medical error by a GP?
A medical error occurs when a GP does not act as a reasonably competent and careful doctor would, such as misdiagnosing, missing serious conditions, or prescribing the wrong medication. Not all negative treatment outcomes are errors, only those caused by negligence or deviation from standard care.
How can I prove that my GP made a medical error?
The first step is to request and review your medical records, which contain important information about your diagnosis and treatment. An independent medical expert may also be needed to assess whether the GP’s actions were negligent and caused your injury.
When is a GP liable for medical errors?
A GP is liable if there was an error or negligence, damage occurred as a result, and there is a direct causal link between the error and the harm. All three conditions must be met to hold the GP or their insurer responsible.
What compensation can I receive if a GP’s medical error has caused me harm?
If liability is established, you are entitled to full compensation for material damages like medical expenses and travel costs, as well as immaterial damages such as pain and suffering. The compensation aims to cover both financial and emotional damages caused by the error.
