Aansprakelijkheid voor zorggerelateerde schade: een onderzoek naar obstakels in het civiele aansprakelijkheidsrecht en alternatieven voor verhaal van zorggerelateerde schade

Liability For Care-related Harm. A study regarding obstacles in civil liability and alternatives to recover care-related harm. A considerable number of medical care cases involve avoidable injury. Only a fraction of these cases, where claims for compensation of injury would be possible, actually result in a recovery of such damages. This is remarkable, raising the question as to what the reasons for this might be. It can be concluded from increasing media attention that the recovery of such damages by the patient is a very complicated, difficult, time-consuming and costly experience. All this therefore raises the question as to which obstacles civil liability law poses when it comes to recovering medical care-related damages. If detected obstacles could (partially) justify the problems associated with the recovery of damages, then the next question would be which alternatives could possibly provide a solution. This book is a report of the author’s research into answers to these questions. After an analysis of the relevant aspects of civil liability Rolinka Wijne has concluded that the obstacles identified can result in frustration of the recovery of medical care-related damages and that they make the path to recovery of damages a complicated, time-consuming and costly affair. It is therefore plausible that the obstacles can explain (part of) the discrepancy between the number of medical care-related injuries and the number of patients who actually file a claim. After an analysis and evaluation of possible alternatives it has become evident that the alternatives contain positive elements, but that there are objections as well, making it impossible to conclude that one alternative can provide an all-encompassing solution. However, the pluses are such that they could form a basis for a recommendation or provided inspiration. The most important recommendations relate to a reallocation of the burden of proof with respect to the violation of standards and the set-up of a medical division at one court. In addition, a few supporting recommendations have been made as well.

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