In this Complaints Procedure the following definitions apply:
A Complainant: the natural person who submits a complaint. Complainant can be:
– the patient
– a representative of a patient
– next of kin(s) of a deceased patient
B Complaint : a complaint can be:
– an expression of dissatisfaction with a behavior, including
including acts or omissions towards a patient in the context of the care provided by the care provider, or relating to organizational aspects thereof
– an expression of dissatisfaction with a healthcare provider’s refusal to consider a person as a representative of a patient in the context of the provision of care
C Complaints officer : the complaints officer appointed by the healthcare provider in the context of this Complaints Regulation
D Defendant :
the person who works for the healthcare provider in his own capacity or on the basis of an employment contract or contract for services or otherwise performs work for the healthcare provider, for example a medical doctor, general practitioner (in training), a doctor’s assistant or practice nurse.
E Patient : a natural person who requests general practitioner care or to whom general practitioner care is provided
F Dispute: a complaint which, after treatment in accordance with these regulations, has not been resolved to the satisfaction of the patient and the patient is not satisfied with this.
G Judgment: a written response containing a position or statement about a complaint from or on behalf of the healthcare provider. Such judgment may be provisional or final.
H Care provider: a natural person who provides professional care.1
I Healthcare provider
The Complaints Procedure aims to:
offer effective and accessible reception and handling of dissatisfaction and complaints,
aimed at resolving the complaint;
protection of the legal position of the complainant through a procedure for reception, mediation
and handling complaints;
if necessary, promoting the recovery of the (treatment) relationship on a mutual basis
promote the quality of care.
1 Healthcare provider and healthcare provider can be the same person.
In the event of dissatisfaction, the patient or his representative should preferably first contact the care provider or his manager in order to arrive at an informal solution.
The patient or his representative is given the opportunity to discuss his dissatisfaction. Other persons are involved in this conversation if this is conducive to resolving the dissatisfaction and the patient or his representative has no objection to this.
If the discussion does not lead to an adequate resolution of the dissatisfaction, the patient or his representative is referred to the internal complaints procedure of the healthcare provider. Reference is also made to the possibility of obtaining advice/talking to the complaints officer (if the complaints officer has not yet been identified). The complaints officer and the patient or his representative try to reach a satisfactory solution in consultation with each other in an informal manner.
The patient or his representative can, if the dissatisfaction has not been resolved (or if the situation arises in which the patient or his representative does not want to (dare to) turn directly to the care provider) make his complaint known to the care provider or complaints officer whereby the healthcare provider/care provider is connected. When submitting a complaint, the patient or his representative can appeal to the support of the complaints officer. This support consists of the complaints officer assisting the complainant in formulating the (oral) complaint.
If a complaint is submitted by a representative or next of kin(s) of the patient, the healthcare provider may require documents to be submitted showing that the complainant is acting in that capacity.
The complainant will be declared inadmissible in his complaint if:
a complaint relates to dissatisfaction other than that defined in Article 1 of the Complaints Procedure;
a complaint is submitted by a person other than the circle of persons who can submit a complaint pursuant to Article 1 of the Complaints Procedure.
In the event that the complainant’s complaint is not admissible, the healthcare provider will confirm this in writing to the complainant.
If the complaint relates to parties other than the healthcare provider, the healthcare provider will ensure that the treatment is transferred to the person whose actions the complaint relates to, unless the complainant has not given permission for this.
A complaint must be submitted to the healthcare provider in writing using a dated complaint form.
The date on which the complaint has been submitted to the healthcare provider via the complaints form3 and has thus been received by the healthcare provider, counts as the formal starting date of the complaints procedure, whereby the legal terms (article 7) come into effect.
After receiving the written complaint, the healthcare provider forwards the complaint to the complaints officer (if not already involved) for further processing.
The complaints officer will contact the complainant to determine in consultation with the complainant how the complaint can best be handled.
When handling the complaint, the complaints officer will hear both sides, whereby the complaints officer will ensure that if the complaint (also) relates to a care provider, this person can also be given the opportunity to express his view on the complaint.
The complainant and the care provider will be kept informed in writing by the complaints officer of the progress of the handling of the complaint.
If the complaints officer deems it necessary to resolve the complaint, an external party, for example an expert, can be called in. This requires the prior written approval of the complainant and healthcare provider.
After the complaint has been handled, the complainant will receive a letter from the healthcare provider stating the reasons for the outcome of the investigation of the complaint, what decisions have been taken about and as a result of the complaint and within what period measures will be taken. have been realised.
The complaint handling ends in the following cases:
with immediate effect upon receipt of written notice to that effect
from the complainant to the healthcare provider or complaints officer;
as of the date on which the care provider or the complaints officer has confirmed in writing the verbal statement made by the complainant that the complaint is withdrawn.
If the complainant dies during the handling of the complaint, the handling of the complaint will be continued with the legal heir or heirs, unless it has been indicated that further continuation will be waived.
If a complaint relates to care provision where several care providers are offered in conjunction with each other and the complainant has stated that he/she has also submitted a complaint about one of the other care providers involved in the care provision, the complaints officer will liaise with the complaints officer of those other care providers. care provider to discuss how a joint handling of the complaint can be achieved so that substantive justice is done to the cohesion between the care provided.
No joint handling of a complaint as referred to in this article will take place if the complainant has not given permission for this.
A complaint must be submitted within one year after the complainant is aware or could reasonably have been aware that the behavior of the healthcare provider could result in a complaint as referred to in the Complaints Procedure. If the term has expired, the complaint will still be processed, but the complainant is asked to explain in writing why the complaint is only submitted after one year.
The complainant will receive the letter as referred to in Article 5 paragraph 6 of the Complaints Procedure as soon as possible, but no later than six weeks after the date on which the complaint was submitted to the healthcare provider.
If, in the opinion of the healthcare provider, the required careful investigation of a complaint requires this, the term as referred to in the previous paragraph may be extended by a maximum of four weeks.
If it proves impossible to resolve the complaint within the terms referred to in this article, the term may be extended by the healthcare provider by as much longer as necessary, provided that the complainant has agreed to the extension in writing.
1 The duties and responsibilities of the complaints officer, in consultation with the patient or his representative and healthcare provider, are:
reach a satisfactory solution informally and/or;
informing and advising the complainant at his request about the possibilities for a
submit a complaint via the complaint form;
to inform you about the working method of the Complaints Procedure;
assist the patient or his representative in formulating the complaint;
to carefully investigate the possibilities of reaching a solution to the complaint.
2 To do what is reasonably necessary for proper guidance of the process of handling a complaint.
the performance of the task, the complaints officer is authorized to do everything
The complaints officer must adopt an independent and impartial attitude towards the complainant and the healthcare provider and, insofar as they are involved in the complaint, the healthcare provider. The complaints officer must therefore refrain from conduct that could give rise to suspicions of (the appearance of) partiality and/or failure to perform his duties independently.
If the complaints officer is or has been involved in a matter to which the complaint relates, or otherwise cannot, due to circumstances, independently and impartially perform the function in an individual case, this must be reported to the healthcare provider by the complaints officer as soon as possible. reported. The healthcare provider will then ensure that another (deputy) complaints officer is appointed.
The healthcare provider guarantees that the complaints officer can perform his job independently and does not disadvantage the complaints officer because of the way in which the job is performed.
If the complainant does not agree with the outcome of the complaint handling and is of the opinion that the complaint has not been resolved, there is a dispute. The dispute can be submitted in writing to the complaints and disputes committee to which the healthcare provider is affiliated.
The Disputes Committee consists of 3 persons, of which the chairman is independent. The Complaints and Disputes Committee of MedCare Clinic Aruba consists of:
Mrs. Mr. T. Van den Ende, lawyer
Mr. F.M.J. Kok, Physician
Mrs S. Kruizinga , Physician N.P.
An escalation is possible from the complaints and disputes committee to the Inspectorate (in accordance with art.13 of the LKIG) if the committee finds that the healthcare provider has not taken any measures to end the situation in a serious situation with a structural character.
The healthcare provider ensures that the scheme is made known to the general public, and patients in particular, for example by posting it on its own website, providing brochures and verbally pointing out the existence of the Complaints Procedure in the event of a complaint.
The healthcare provider informs the active healthcare providers and others about the Complaints Procedure and asks and supports them to act in accordance with this procedure.
The complainant does not owe any costs for the complaint handling as laid down in this Complaints Procedure.
If a complaints officer is called upon to handle the complaint, the costs thereof will be borne by the healthcare provider.
If the complainant or the care provider/care provider engages (legal) assistance to handle the complaint, the costs thereof are for their own account.
The persons involved in the complaint handling are obliged to observe secrecy with regard to (personal) data obtained, the confidential nature of which is known or should reasonably be deemed to be known. This means that this information may not be provided to third parties.
An exception to the confidentiality obligation (as referred to in this article, paragraph 1) is permitted if a statutory regulation, a court decision that has become final and binding or ex officio obligations oblige disclosure.
The complaints officer is responsible for recording the data in the context of the complaint handling in the (digital) system designated by the healthcare provider.
The healthcare provider can be regarded as responsible within the meaning of the Personal Data Protection Act and will ensure careful handling of personal data obtained.
The personal data as referred to in this article will be kept for a maximum of 2 years after the handling of the complaint has been completed, unless there are compelling reasons to keep this data longer.
The Complaints Procedure has been adopted by the Board of MedCare Clinic Aruba and will come into force on 01-01-2023