Physician's Information Duty in Delft
The information duty for physicians requires that doctors in Delft and surrounding areas thoroughly and accessibly inform patients about medical procedures, potential risks, and other options. This is essential for informed consent, enabling Delft residents to make well-informed decisions. In the field of personal injury law, this helps prevent lawsuits arising from harm due to inadequate information.
What Does the Physician's Information Duty Entail?
The information duty forms the core of a strong doctor-patient relationship in Delft. A physician cannot simply proceed with treatments; they must provide the patient with all essential details for an informed choice. This includes explanations of the diagnosis, planned therapy, risks, side effects, alternative methods, and expected outcomes. Without this explanation, voluntary consent may be lacking, potentially leading to legal complications in cases of personal injury for Delft residents.
In everyday practice, it involves a two-way conversation: the information must match the patient's knowledge level. For example, during surgery in a Delft hospital, the doctor should not only describe the steps but also discuss the likelihood of issues like infections or follow-up care. This principle respects the patient's autonomy and prevents unnecessary suffering in the region.
Legal Basis of the Information Duty
The information duty for physicians is embedded in the Dutch legal system, specifically in the Medical Treatment Contracts Act (WGBO) and the Dutch Civil Code (BW). Article 7:448(1) BW obligates healthcare providers to inform patients about their health and intended actions, including benefits and risks. The information must align with what a reasonable patient in Delft would want to know.
Article 4 of the WGBO specifies the duty to disclose, which requires both verbal and written information about care. The Medical Professional Code of the KNMG expands on this: physicians must discuss risks that an average person would consider significant. For claims in Delft, Article 6:162 BW is relevant, establishing liability for care errors, such as neglecting the information duty. The Supreme Court's ruling in the 'Spitaels' case (2003) illustrates that inadequate information can lead to compensation if the patient would have declined the procedure; similar cases occur at the District Court of The Hague.
Practical Examples of the Information Duty
Suppose a Delft resident with chronic back pain opts for surgery. The doctor must disclose the 5% risk of nerve damage, along with alternatives like physiotherapy at local practices and recovery time. If the doctor fails to do so and harm occurs, this could constitute a breach, potentially leading to a claim at the District Court of The Hague.
Another scenario: when prescribing medication for hypertension, the doctor must warn about side effects like dizziness that could cause falls, which is relevant for active residents of Delft. In a 2018 ruling from the District Court of Amsterdam, a patient received compensation because the doctor omitted information about stomach issues, leading to hospitalization; similar incidents in Delft can be addressed through the Juridisch Loket Delft.
During the COVID-19 crisis, the duty also applied to vaccinations in Delft: doctors were required to clarify risks and effectiveness, taking into account personal factors such as age or medical history.
Rights and Obligations Related to the Information Duty
Rights of the Patient in Delft
- Right to clear, complete information about diagnosis and treatment.
- Right to a second opinion if unclear, for example, through local specialists.
- Right to compensation for injury due to negligence (via proceedings at the District Court of The Hague).
- Right to refuse care based on the information provided.
Obligations of the Physician
- Actively provide information without waiting for patient questions.
- Record the information in the patient's file as evidence.
- Adapt to the recipient: use simple language, visuals, or interpreters to accommodate Delft's diversity.
- In emergencies, provide basic information and expand later.
Overview of the information duty in various scenarios:
| Situation | Essential Information | Consequences of Breach |
|---|---|---|
| Planned surgery | Risks, alternatives, follow-up care | Personal injury claim, contractual liability |
| Medication prescription | Side effects, interactions | Harm from effects, Article 6:162 BW |
| Emergency treatment | Basic information afterward | Limited liability, except in cases of gross negligence |
Frequently Asked Questions about the Physician's Information Duty
Must a physician always provide written information?
No, the WGBO does not require a fixed written format, but verbal explanations must be documented in the file. For complex cases in Delft, written advice is wise to avoid confusion; the Juridisch Loket Delft can assist with this.
What if I don't understand the information?
You may request repetition or simpler explanations. Demand an interpreter or second opinion. If this is lacking and harm results, you can complain to the hospital or disciplinary board; in Delft, start with the Juridisch Loket.
Can I claim damages if the doctor said too little?
Yes, prove that you would have refused care with full information and that it caused injury. A personal injury lawyer in Delft can request the file; contact the District Court of The Hague for procedures.
Does the information duty apply in the Delft context?
Absolutely, the duty is nationwide, but local resources like the Juridisch Loket Delft offer specific support for residents in disputes with healthcare providers in the area.