Medical malpractice

Medical malpractice can suddenly and seriously change your life. Especially when you trusted that you were receiving proper medical care, you may be left with questions, uncertainty and unexpected harm.

Letsel door medische fout
Mediation door AVB Law

Personal injury due to medical malpractice

Medical treatment is meant to improve your health or reduce complaints. Sometimes, however, a treatment does not go as expected and results in injury.

Personal injury caused by medical malpractice can raise many questions, particularly if you relied on the healthcare system in the Netherlands and are unfamiliar with how it works. We help people who are dealing with the consequences of medical malpractice to understand what happened and what their legal rights are.

Medical malpractice may exist when a healthcare provider did not act as a reasonably competent and careful professional should have done. This can involve, for example, a misdiagnosis, incorrect treatment, a missed complication or insufficient information about possible risks.

Not every disappointing outcome or medical complication means that medical malpractice has occurred. Whether there is legal liability depends on the specific circumstances and often requires careful legal and medical assessment. You deserve clear answers about what happened and what this means for you and your family. We are here to guide you step by step.

Medical assessment

In medical malpractice cases, it is important to carefully review what happened during the treatment. This includes examining medical guidelines, the course of treatment and the medical records. We often work together with independent medical advisers to assess the situation and determine what is legally possible under Dutch law.

Careful determination of malpractice

In cases of medical liability, it is assessed step by step whether the healthcare provider’s actions deviated from what could reasonably be expected. Several factors are taken into account, such as the timing of decisions and the information available at that moment. This structured approach provides a realistic understanding of your legal position.

Link between error and damage

In medical malpractice cases, it is not only important whether a mistake was made, but also whether that mistake caused your injury. This connection between the error and the damage plays a central role in liability and financial compensation. A thorough assessment clarifies whether, and to what extent, the injury can be attributed to the treatment.

Medische fout letselschade

Common consequences of medical malpractice  

The consequences of medical malpractice can vary. These may include physical complaints, permanent limitations or a longer recovery period than expected. Psychological effects, such as anxiety, uncertainty or loss of trust in healthcare, are also common.

There may also be practical and financial consequences, such as additional treatments, loss of income or adjustments in daily life. This combination often makes the situation overwhelming. Together, we look at the impact on your life and the possibilities for recovery and compensation.

How can we help

We support you in assessing whether medical malpractice may have occurred and whether there are possibilities for financial compensation. In doing so, we work with medical advisers who review the treatment and its outcome.

We guide the process carefully, assess the extent of your damages and handle communication with the healthcare provider or their insurer. This keeps the process structured and ensures that you understand each step.

AVB Law letselschade advocaat in Amsterdam

Why choose AVB law

At AVB Law, we work carefully and with personal attention for clients dealing with medical malpractice. We understand that these cases are both complex and deeply personal, and we therefore take the time to explain everything clearly in English.

You have direct contact with a lawyer and receive a realistic explanation of the possibilities and limitations of your case. We ensure clear communication and an approach that fits your personal situation.

What clients say about us

Our clients can explain it better than we can. In their words, you will read how important it is to feel heard, to receive clarity and to know that someone is standing beside you during a difficult period.

I have been assisted by Ms. Van Beest and her team for the past 9 years. I can only say that they are outstanding professionals. In addition to the legal work, Ms. Van Beest also helped me with many related matters and engaged various parties to support me.

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I see Ms. van Beest and her team as true fighters who don’t let go until everything is handled properly and the best possible result is achieved. I want to say a huge thank you to Team AVB Law, and especially to Babette van Beest, for everything she has done for me. While I hope it won’t be necessary, I wouldn’t hesitate to reach out to her again if the need arises.

Letters Oranje 13Michel B.

3 months ago

I am extremely satisfied with the guidance from Sam. From the very first moment I felt taken seriously and well supported. Sam helped guide me through the process with great knowledge and dedication, and I am very grateful to her for that.

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Thanks to her commitment and clear communication, everything went smoothly and with excellent results. AVB Law not only met my expectations, but exceeded them!

Letters Beige 71 Saar

4 months ago

The lawyer who assisted me made me feel that I could rely on her full commitment. I was not just a number to her, but a person. During the guidance she never lost sight of the human side of the situation. This meant a great deal to me during this unpleasant and uncertain period.

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AVB Law should definitely keep doing what it’s doing and continue to ensure that clients feel seen as individuals. Thank you so much for your guidance!

Letters Groen 49Wilma P.

4 months ago

In my opinion, AVB Law’s greatest strength was their communication. Sometimes they only needed a single word to understand what I wanted to say. In addition, I was always kept well informed about the progress of the case.

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All in all, I cannot name any negative aspects of their guidance.

Letters Groen 34Harrie vd H.

4 months ago

I am very satisfied with the guidance provided by AVB Law. They communicated clearly and gave good and clear explanations about matters that were unfamiliar to me.

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In addition, they were accessible, so I didn’t hesitate to contact my lawyer if I had any questions. Thanks to her encouraging words, Sanna guided me through the process, even though the case took a long time. I am well prepared for that too.

Letters Oranje 19 Suzanne O.

3 months ago

I am very satisfied with the guidance, support, and help from my lawyers Babette and Raymond. They have a great deal of knowledge and provide clear information. They are skilled negotiators who aim for the best possible outcome. They keep you well informed about everything and are personally involved.

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From start to finish and even beyond, they are committed and offer excellent support.

They have exceeded all expectations and offer outstanding quality. I always felt heard throughout the case, and they are easy to reach and approachable.

A highly professional firm that is there for you both professionally and personally, which is what you want when dealing with personal injury.

Letters Groen 45Sanne H.

3 months ago

I am extremely grateful for the professional and committed help I received from AVB Law and Babette van Beest during my personal injury case. From the first contact I felt heard, taken seriously, and truly supported.

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Babette works meticulously, communicates clearly, and has an eye for both the legal and human aspects of the process. She took the time to explain everything thoroughly and kept me informed of every step. Thanks to her efforts, my case had a very positive outcome, which gave me a great deal of peace of mind and confidence during a difficult period.

I can wholeheartedly recommend AVB Law to anyone dealing with personal injury. An honest, knowledgeable, and empathetic firm where you are truly in good hands.

Namen 05 Varsana Yogawinkel

4 months ago

AVB Law is a very professional and personally involved party, which we experienced as very pleasant. We are grateful for the excellent assistance from Raymond.

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He worked tirelessly on our behalf, kept us informed throughout the process, always gave honest and sound advice, and he is guaranteed to deliver on all his promises. We therefore wholeheartedly recommend Raymond and AVB Law.

Letters Beige 58 Ferdinand vd B.

3 months ago

During my process (which ultimately lasted 11 years), Raymond always maintained a good balance between staying calm in his approach, expressing justified indignation when needed, and continuing to think strategically.

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I am also grateful to him for telling me, after about three years, that the real extent of the damage would only become more visible in the years to come. He insisted on first reaching an agreement about which examinations would be carried out on me and by whom before we could proceed further.

We were always in contact whenever I needed it. He almost always called me back or let me know something.

Finally, I felt such trust in him that I dared to rely on his wisdom. I felt the same with Babette, and I appreciated her energy and determination to keep moving forward. The points I raised were genuinely taken into account in the further procedure. Because of the excellent guidance I received, I have already recommended AVB Law to two other people.

Looking back: what a process it has been. I am so grateful that they stood by me and represented me as a constant, calm, knowledgeable, and strong presence in the “battle” with the insurance company.

Letters Oranje 4 1 Daan vd W.

4 months ago

Other types of personal injury

See the overview

Traffic accidents

Accidents in traffic

Arbeidsongevallen

Animal injury

Injury by an animal

Kaart dieraansprakelijkheid

Sport and Games

Injuries during activities

Sport en Spel Letsel

FAQ

What is medical malpractice in the Netherlands?

Medical malpractice occurs when a healthcare provider does not act as a reasonably competent and careful professional should have acted. This may involve a misdiagnosis, a surgical error, medication mistakes or insufficient monitoring during treatment.

Not every unsuccessful treatment is medical malpractice. The key question is whether the standard of care was breached. 

Am I entitled to compensation for medical malpractice?

Yes. If a doctor, hospital or other healthcare provider made a medical error that caused you harm, you may be entitled to compensation. This applies to both physical injuries and psychological harm resulting from medical malpractice. 

How can I prove medical malpractice?

Proving medical malpractice is often complex. A personal injury lawyer can request your medical records, consult independent medical advisers and gather evidence to establish liability of the healthcare provider or hospital.

In medical malpractice cases, it must be shown that the healthcare provider acted below the required standard of care and that this error caused your injury.

What damages can I claim in a medical malpractice case?

In a medical malpractice claim, you may recover both material and non material damages, including:

  • Medical expenses
  • Loss of income
  • Costs of home adjustments or medical aids
  • Household assistance or informal care
  • Compensation for pain and suffering

The exact amount of compensation depends on your personal circumstances and the severity of the injury.

Who should I file a medical malpractice claim against?

This depends on who made the medical error. The claim may be directed against a hospital, the treating physician, a clinic, a nursing home or another healthcare institution.

In many cases, the institution’s liability insurer handles the claim. 

What should I do if I suspect medical malpractice?

Request a copy of your medical records and document what happened. Collect as much relevant information as possible about your treatment and its consequences.

Contact a personal injury lawyer to assess whether medical malpractice may have occurred and whether you have grounds for a compensation claim.

How long do I have to file a medical malpractice claim?

In most cases, the limitation period in the Netherlands is five years from the moment you became aware, or should reasonably have become aware, that medical malpractice may have occurred and who is responsible.

It is advisable to seek legal advice as soon as possible to prevent loss of evidence and to protect your rights.

What if the hospital denies liability for medical malpractice?

If the hospital or healthcare provider denies liability, a personal injury lawyer can obtain additional medical expert opinions and, if necessary, initiate legal proceedings.

It is important not to abandon your claim without professional legal advice.

How long does a medical malpractice claim take?

Medical malpractice cases are often complex and may take several months to several years, depending on the recovery process, medical assessments and the availability of evidence.

A personal injury lawyer helps manage the process, coordinate expert opinions and ensure that your interests are properly represented throughout the claim.