Medical disciplinary law

What we do

Pursuant to the Individual Healthcare Professions Act (BIG), all registered healthcare professionals under the BIG are subject to medical disciplinary law. Examples of registered healthcare professionals under the BIG include doctors, nurses, dentists, and physiotherapists.

To determine whether disciplinary law applies in a particular situation, it must be established whether the disciplinary standards apply. It must concern a situation in which actions or omissions have been made contrary to the care that a professional practitioner ought to exercise. Furthermore, the action or omission must be contrary to the interests of the proper practice of individual healthcare. A disciplinary complaint is lodged with the Regional Disciplinary Board for Healthcare. Our team of lawyers and legal experts assists both healthcare providers and (former) patients.

Questions regarding medical disciplinary law? Contact us.

Medical disciplinary law within disciplinary law

Medical disciplinary law is one of the domains within our broader area of ​​expertise, Disciplinary Law. Unlike disciplinary law for lawyers, notaries, or accountants, medical disciplinary law has its own statutory basis in the Act on Professions in Individual Healthcare (BIG Act). The assessment does not revolve around compliance with professional rules of a bar association, but rather around the two disciplinary standards set out in Article 47 of the BIG Act and the quality of care provided to the patient. At MKB Juristen, lawyers and in-house counsel work together in mixed teams, ensuring that hospitals or healthcare institutions, as well as independent general practitioners, dentists, or physiotherapists, receive expert assistance.

The two disciplinary standards of Article 47 of the BIG Act

A disciplinary complaint can only succeed if the actions or omissions of the healthcare provider fall under one of the two disciplinary standards of Article 47 of the Individual Healthcare Professions Act. The first disciplinary standard concerns actions or omissions contrary to the care that the professional ought to exercise towards the patient. Examples include an incorrect diagnosis, inadequate record-keeping, insufficient information provided to the patient, or a breach of professional secrecy. The second disciplinary standard concerns any other action or omission contrary to the interests of the proper practice of individual healthcare, for example, misleading an insurer or acting negligently in the media. We assess every complaint against these standards and determine whether a finding of merit is realistic.

Who can file a disciplinary complaint?

Not everyone is authorized to file a complaint with the Regional Disciplinary Board for Healthcare. The BIG Act (Healthcare Professions Act) lists four categories of complainants: the directly interested party (usually the patient or a next of kin), the person who instructed the healthcare provider, the employer or the board of the institution, and the Health and Youth Care Inspectorate (IGJ). It is important for healthcare institutions and employers to know when and how they can or must file a complaint themselves. We advise both complainants and accused healthcare providers on their position and chances.

The disciplinary procedure step by step

The procedure begins with a notice of complaint filed with one of the three Regional Disciplinary Boards for Healthcare (Amsterdam, 's-Hertogenbosch, and Zwolle), for which the complainant pays a filing fee of 50 euros. The alleged offense must not have occurred more than ten years ago. The accused healthcare provider receives the notice of complaint and is given the opportunity to submit a written defense. This is followed by a preliminary investigation, during which as much information as possible is gathered, followed by an oral hearing at the session. The Board subsequently declares the complaint well-founded or unfounded. A procedure at the Regional Disciplinary Board takes approximately seven months on average. A well-substantiated written defense is often decisive; our team prepares this together with the healthcare provider and assists him or her at the hearing.

What measures can the disciplinary board impose?

If a complaint is found to be well-founded, the Disciplinary Board may impose a measure that increases in severity: a warning, a reprimand, a fine of up to 4,500 euros, a suspension of registration in the BIG Register for up to one year (possibly conditional, with a probationary period of up to two years), a partial denial of the right to practice the profession, and, as the most severe measure, the striking off of the registration in the BIG Register. A warning is not visible in the BIG Register, but more severe measures such as a reprimand, suspension, partial denial, or striking off are recorded and made (partially) public. Because a measure has major consequences for reputation and professional practice, targeted legal assistance is of great importance.

Appeal to the Central Disciplinary Board

An appeal against a ruling by the Regional Disciplinary Board can be lodged with the Central Disciplinary Board for Healthcare in The Hague. The healthcare provider and the IGJ can always appeal; a complainant can only appeal if their complaint has been dismissed. A court fee of 50 euros is payable again for the appeal, and the procedure takes approximately nine months on average. The Central Disciplinary Board reviews the case anew and can confirm the earlier ruling, overturn it, or impose another measure. We assess whether the appeal has a chance of success and handle the entire procedure for you.

Common mistakes regarding a disciplinary complaint

Healthcare providers often underestimate a disciplinary complaint. Common pitfalls include submitting the statement of defense too late or too briefly, reacting emotionally or defensively instead of factually and substantiatedly, failing to consult the medical record in a timely manner, and underestimating the second disciplinary standard. By engaging a lawyer or legal expert early on, you prevent a defensible case from unnecessarily leading to a measure.

Why MKB Juristen for medical disciplinary law?

We combine lawyers and in-house counsel in a mixed team, enabling us to assist large healthcare institutions and international corporations as well as the independent healthcare provider around the corner. Whether you are a doctor, dentist, pharmacist, nurse, or physiotherapist, or a (former) patient wishing to file a complaint, we will help you consider your position, opportunities, and strategy. Questions about medical disciplinary law? Contact us for a no-obligation consultation.