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 according to the: Medical Treatment Contracts Act (Wet op de geneeskundige behandelingsovereenkomst, WGBO). These rules stipulate the rights and obligations that apply to care providers and patients from the start of the treatment or examination. Both you and your patient have rights and obligations.

Provide clear information

You must inform your patient in a clear manner about the diagnosis (what is the disease) and the treatment. This also applies to children. You must, for example:

• clearly tell what the diagnosis and treatment is
• decide on treatment together with the patient
• give access to the patient’s medical file
• if necessary, refer the patient to another doctor for a second opinion

Your patient may choose to not want to be informed. If there is 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 (consent):

• 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. Unless non-treatment poses a serious harm to the patient (for example, in case of a sexually transmitted disease) or if it is the patient's wish and it has been well considered (for example, abortion or vaccination). In these cases you may decide to not inform the parent or guardian.
• 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.

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