Medical criminal law

Looking for help or advice on medical criminal law?

Doctors, hospitals and healthcare institutions are increasingly coming into contact with criminal law – not only as suspects, but also as a source of important information. Requests from the police and the Public Prosecution Service for medical information during the investigation stage are on the rise. Public prosecutors increasingly demand footage or (parts of) medical records. As a doctor, hospital or healthcare institution, you are therefore more likely than before to face issues such as medical confidentiality, the right to refuse to give evidence (professional privilege) and other matters relating to medical practice.

Breaching a doctor’s duty of confidentiality

The risks of breaching the duty of confidentiality are considerable – not only because of possible losses from a civil claim by the patient concerned, but also because of criminal liability: doctors have a statutory duty of confidentiality, and breaching it is a criminal offence. Yet the professional privilege that doctors can invoke is not unlimited. Put simply: where there are serious suspicions, the courts sometimes hold that medical confidentiality must give way. We see medical confidentiality coming under increasing pressure. Because we consider this an undesirable development, we are pleased to act for doctors who wish to protect their professional confidentiality. So please contact us for more information if the authorities ask you for patient data. Robert-Jan van Eenennaam handles many of these cases and can quickly and clearly inform you of your options.

Medical criminal law

In 2017/2018, the debate about criminal investigations into doctors who had performed euthanasia on, for example, patients with dementia flared up. Euthanasia is a criminal offence in the Netherlands, unless the doctor meets a number of due care criteria; in that case, criminal law provides a ground for exemption from criminal liability. Recent developments, however, have created uncertainty as to whether a doctor is exempt from prosecution even when he or she believes all due care criteria have been met. Are you a doctor who is a suspect in a criminal case? Then contact Anne Marie de Koning or Robert-Jan van Eenennaam. We have extensive expertise in medical criminal law.

Doctors and criminal law

As a doctor, you can be criminally liable not only if you make a serious medical error, for example, but also if you fail to do something you should have done. Medical criminal law also covers matters such as unauthorised practice (where a doctor is not qualified or registered as required under the Dutch Individual Healthcare Professions Act, Wet BIG).

Disciplinary law

In addition, the Health and Youth Care Inspectorate (IGJ) often intervenes. Under medical disciplinary law, severe measures can be imposed, such as the closure of your practice. You may receive a warning or reprimand, be suspended for a certain period or be struck off the register. We handle disciplinary cases for, among others, doctors, dentists and nurses. We advise you to always engage a specialist lawyer from our firm for advice on disciplinary law. Never enter into a meeting with the IGJ unprepared – too much is at stake. Prepare thoroughly, including for a conversation with your insurer. You are free to choose your own lawyer. Make use of that right!

More information

Would you like more information about medical criminal law, disciplinary law or related matters? Call Anne Marie de Koning or Robert-Jan van Eenennaam. An initial consultation is free of charge.