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Complaint mediation in healthcare

If you are dissatisfied with a healthcare provider, complaint mediation is often the fastest and most accessible route: through the mandatory independent complaints officer or mediation, you reach a solution more quickly than through a formal procedure. If that succeeds...

Published on May 22, 2023 by MKBjuristen.nl
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If you are dissatisfied with a healthcare provider, complaint mediation is often the fastest and most accessible route: through the mandatory independent complaints officer or mediation, you can reach a solution more quickly than through a formal procedure. If that is unsuccessful, legal steps are available, such as holding them liable or filing a disciplinary complaint. Below, you can read how complaint handling works in healthcare and what options are available to you.

Fast and informal complaint handling

If a treatment does not go as expected, or if you are dissatisfied with the way you have been treated by a healthcare provider or organization, please discuss this. Research shows that patients prefer a quick and informal handling of complaints. Complaint handling is the process in which a complaint is addressed and resolved; complaint mediation can be part of this, involving discussions with both parties to reach a solution.

The benefits of mediation in healthcare

Mediation is a form of conflict resolution in which an independent mediator helps resolve the conflict. This offers significant advantages in the case of complaints about healthcare providers. Complainants often attach great value to understanding, acknowledgment, and quality improvement: they want to be heard and prevent others from experiencing the same thing. Mediation allows both parties to engage in dialogue in an accessible manner, increasing the likelihood that the relationship between patient and healthcare provider will be restored.

The role of the complaints officer

In the Netherlands, healthcare providers are required to have an independent complaints officer. This officer can:

  • to give advice;
  • mediate between both parties;
  • register the complaint;
  • to explain the possibility of filing a formal complaint.

Engaging the complaints officer is an important step that often leads to a quick and satisfactory solution.

Legal options in the event of a persistent dispute

If you are unable to resolve the matter through mediation, you may consider further steps:

  • the healthcare provider or institution liable for a medical error and compensation ;
  • file a disciplinary complaint;
  • in some cases file a report with the police.

It is important to be well informed about your rights and options. A legal expert can advise you on this.

Frequently Asked Questions

Does every healthcare provider need to have a complaints officer?

Yes, healthcare providers in the Netherlands are required to have an independent complaints officer who can advise and mediate.

What is the difference between complaint mediation and a formal complaint?

Complaint mediation is informal and aimed at a joint solution and the restoration of the relationship. A formal complaint follows an established procedure and can lead to a formal judgment.

Can I receive compensation after a medical error?

Possibly. You can hold the healthcare provider or institution liable for a medical error. Whether that succeeds depends on the circumstances; seek legal advice.

What can I do if mediation doesn't help?

You can then, among other things, hold the party liable, file a disciplinary complaint, or, in serious cases, report the matter to the authorities. A legal expert helps you choose the right course of action.

Need help with a complaint or dispute in healthcare?

Whether you are a patient or a healthcare professional, we advise on legal options and assist with watertight complaint handling that meets legal requirements.

View our expertise in health law or schedule a no-obligation intake consultation.

Please note: an article provides general information, but your legal situation may turn out differently.

A contract, conflict, or legal risk must always be assessed based on the facts, documents, evidentiary position, and interests. Are you in doubt? Have your situation assessed before you act.

Legal question regarding this article?

A blog provides explanation, but your situation often requires a concrete legal choice. MKB Juristen helps entrepreneurs with contracts, terms and conditions, GDPR documents, employment documents, disputes, and customized legal solutions.

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