We are primarily active in Liability & Insurance and in particular in Personal Injury. You can come to us for anything that has to do with liability, injury or insurances. Furthermore, we offer mediation services.
Liability: Medical malpractice
Everyone has been to a doctor of therapist at some time in their lives. And, naturally, you expect to be treated with care. However, sometimes, things go wrong. Possibly, the doctor/therapist can be held liable for the damages that follow.
Preceding treatment, the patient must receive clear information on the nature and the purpose of the tests and/or treatment from his or her doctor/therapist. The doctor/therapist must also point out any risk and/or alternatives. If this information is not provided, this can lead to liability. Ironically, this means that a doctor can be held liable for the consequences of a treatment that was carried out correctly.
In the case of medical malpractice, the patient must provide the circumstances that substantiate the fact that he has suffered damages as the consequence of a mistake made by the doctor/therapist. Subsequently, the doctor/therapist must provide sufficient circumstances motivating and documenting the fact that he is not to be held liable. This type of case can be very time-consuming.
Needless to say, in this type of case, we consult extensively with our medical advisor.
- A missed diagnosis, such as a broken wrist, as a consequence of which the correct treatment is not given.
- Medical tools that remain in the body after an operation.
- Operations on a healthy organ, such as, for instance, the healthy kidney, rather than the diseased one.
Maarten Tromp Advocaten Postbus 30131,
3001 DC Rotterdam
Tel. 010 - 205 66 10
Fax. 010 - 205 53 25
John van der Wouden, LLM
Maarten Tromp, LLM
Eva Spijkerman, LLM
All our services are rendered on the basis of an agreement with Maarten Tromp Advocaten BV.
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