Rules on medical treatment
Are you a doctor or a medical care provider in the Netherlands? If you give someone medical treatment, you enter into a treatment agreement. The Dutch Medical Treatment Contracts Act (Wet op de geneeskundige behandelingsovereenkomst, WGBO) stipulates the rights and obligations that apply from the start of the treatment or examination. These apply to both you and your patient.
Provide clear information
You must inform your patient in a clear manner about the diagnosis (what is the disease) and the treatment. You must, for example:
- clearly explain the diagnosis and treatment
- invite the patient to ask questions and decide on treatment together
- give access to their medical file on the patient's request
- if requested, refer the patient to another doctor for a second opinion
Your patient may choose to not want to be informed about the diagnosis. If you find there may be a danger to the patient or others, the patient is obliged to be informed. For example, in case of an infectious disease.
Ask for consent
Before you carry out any treatment, you must ask permission (informed consent). This also applies to patients who are minors. Who must give consent depends on the age of the patient:
- For a minor patient under 12 years old, you need consent from the parent or guardian.
- For patients aged 12 to 15 years, you need consent from both the patient and the parent or guardian. You may decide to not inform the parent or guardian if non-treatment poses a serious harm to the patient, for example, in case of a sexually transmitted disease. This also applies if it is the patient's wish and it has been well considered, for example, abortion or vaccination.
- Children aged 16 and older may give consent themselves.
Medical records
You must keep and share medical records. Your patient has the right to view their medical records, remove errors, and add information to them. The patient can also have data from the medical records destroyed, unless the information is of significant importance to someone other than the patient.
Patient duties
Your patient must:
- inform you and cooperate with the treatment to the best of their ability
- pay for their treatment themselves or through their healthcare insurance