ABSTRACT

The subject of medical liability in the Netherlands is very much in a state of flux, a situation which may be illustrated by the Medical Treatment Agreements bill, which, among other things, introduced a central liability for hospitals. Moreover, on 1st January 1992 Volume 6 of the New Civil Code came into force. This section of the Code contains a number of new rules concerning, inter alia, unforeseen circumstances and a check on the level of indemnities. And quite apart from this, there are other developments connected with European legislation, which has already obliged us to introduce a new regulation in respect of product liability. Of additional importance in this connection is the discussion about the so called patients' injuries insurance and the legal measure, announced by the government, concerning the right of public health service-related complaints. We must also refer in this context to the widening of the definition of the term "loss" 1 .