Medical Disciplinary Tribunal Caribbean Netherlands

The board assesses whether the alleged perpetrator has worked in accordance with standards of a reasonably acting professional. In this context the point of departure is that the care provider functions at the same level as in the European Netherlands. It goes without saying that island-specific practical possibilities are taken into account.

When processing a complaint both the complainant and the alleged perpetrator are given the opportunity to express their opinion. The board assesses whether the care provider has acted culpably. If that is the case, a complaint will be declared justified and a warning, reprimand, fine, suspension or a ban will be issued.

The MTCN's brief is to monitor and promote proper healthcare. The board cannot award any compensation payments or determine liability on the part of a care provider. That has to be done via a court order.

A procedure begins with the submission of a complaint document. The secretary of the Medical Disciplinary Tribunal Caribbean Netherlands (MTCN) assesses whether the complaint is sufficiently clear and will ask the complainant to clarify the complaint as necessary. The secretary will then send a copy of the complaint document to the alleged perpetrator and will ask him or her to submit a defence.

Processing by the MTCN

After the defence has been received, the MTCN can invite the parties to take part in a verbal preliminary investigation. The MTCN can also decide on the case without hearing the parties, if it decides that the complainant is not authorised to complain, or if the complaint is manifestly unfounded. In all other cases the parties will be invited to appear at a hearing and they will be given the opportunity to clarify their positions.

Decision

If a care provider has not complied with the professional standards, the MTCN will declare the complaint justified. In that case the MTCN can impose a measure. A measure is a means to improve the quality of healthcare and is not intended to be a punishment.

Appeal

Appeals can be lodged against decisions by the MTCN in some cases. You can read when this is possible in the section of this website on appeals. Appeals are dealt with by the Joint Court of Justice.

Publication of the decisions

The decisions of the MTCN are published, in anonymous form, on the overheid.nl website. In order to avoid any repetition of the violation of the standard by other parties, the MTCN can also decide to have the ruling published somewhere else, for example in a professional journal. In that case too, the decision will be anonymous.

If you are unhappy about the conduct of a care provider on Bonaire, St. Eustatius or Saba, you can submit a complaint to the Medical Disciplinary Tribunal Caribbean Netherlands (MTCN). By doing so you will initiate a disciplinary procedure.

Against which care providers do you want to submit a complaint?

You can submit a complaint to the MTCN against a:

• Doctor
• Dentist
• Pharmacist
• Midwife

What do you want to complain about?

You can, for example, complain to the MTCN about:

• A wrong diagnosis.
• Incorrect treatment.
• Insufficient information.
• Violation of the duty of professional secrecy.
• Sexual or other improper behaviour.

How can you submit a complaint?

You can submit the complaint yourself, or have someone else do it for you, for example a family member, or a lawyer. You can submit your complaint by email, and then sign and submit the same document by post. It is preferable for you to write your complaint in Dutch, but complaints drawn up in English or Papiamentu are also accepted.

You should send your email to: medischtuchtcollegebes@minvws.nl
And then address the letter to the MTCN secretariat, Postbus 20302, 2500 EH The Hague, the Netherlands.

You must, in any event, state the following:

• Your name and address.
• The alleged perpetrator's job. 
• The alleged perpetrator's name and work address. 
• Your complaint and the facts and grounds on which it is based, along with as much data, facts and other circumstances as possible. 
• Your signature.

You can be assisted during the procedure by, for example, a family member, or a lawyer who can then submit a complaint on your behalf. You must submit a written authorisation if the person representing you is not a lawyer.

No authorisation by the patient?

If you are submitting a complaint about the treatment of the patient and have not been authorised by the patient in question, you must also state the following in the complaint document:

• The patient's name, address and date of birth.
• The reason why the patient is not submitting the complaint himself/herself.
• Your relationship to the patient.
• The interest you have in submitting the complaint.
• If possible the patient's signature as proof of his/her consent.

What does it cost to submit a complaint?

No costs are involved in submitting a complaint to the MTCN.
You will have to pay the costs of legal assistance yourself. You are not obliged to seek legal help and advice. You can also submit your complaint yourself and provide a verbal clarification during the hearing.

You are a care provider. Someone is unhappy about your conduct and has submitted a complaint against you to the Medical Disciplinary Tribunal Caribbean Netherlands (MTCN).

About which care providers can complaints be submitted?

Complaints can be submitted to the MTCN about a:

• Doctor
• Dentist
• Pharmacist
• Midwife

What can the complaints be about?

Complaints submitted to the MTCN may relate, for example, to:

• A wrong diagnosis.
• Incorrect treatment.
• Insufficient information.
• Violation of the duty of professional secrecy.
• Sexual or other improper behaviour.

Submitting a statement of defence

The MTCN will send out the complaint document by post and, in most cases, by email as well. The board will also inform you about conducting your defence. You can conduct your defence yourself, or engage someone to do that on your behalf, for example a legal aid insurer or a lawyer. A written authorisation is required if the person representing you is not a lawyer.

Costs

You will have to pay the costs of legal assistance yourself. You are not obliged to seek legal help and advice. You can also conduct your defence yourself and provide a verbal clarification during the hearing.

If you do not agree with the ruling of the Medical Disciplinary Tribunal Caribbean Netherlands (MTCN), you can appeal to the Joint Court of Justice of Aruba, Curaçao and Sint Maarten, and of Bonaire, St. Eustatius and Saba. In order to appeal, you must submit a notice of appeal.

Who can appeal?

An appeal can be lodged by:

The defendant can lodge an appeal if the complaint has been declared justified and a measure has been imposed.

The complainant can lodge an appeal:

• if his/her complaint is declared inadmissible;
• if his/her complaint is rejected without further investigation, or;
• if no measure is imposed after investigation.

What can you lodge an appeal against?

You can lodge an appeal against a ruling by the MTCN. By doing so you ask the Joint Court to make a judgement about the MTCN's ruling.

How do you lodge an appeal?

You lodge an appeal by submitting a notice of the appeal to the clerk of the Joint Court. You should submit it within thirty days. The thirty-day period starts on the day on which the decision is pronounced or sent.

You must, in any event, state the following:

• Your name and address.
• The decision the appeal is being lodged against.
• The reason for your appeal. This means you have to write down why you are appealing and which aspects of the judgement your appeal is aimed at.
• Your signature.

It is preferable for you to write your notice of appeal in Dutch, but notices of appeal drawn up in English or Papiamentu are also accepted.

What does an appeal cost?

There are no costs involved in lodging an appeal with the Joint Court.

Submitting a statement of defence on appeal

If the other party has lodged an appeal, the Joint Court will send you the notice of appeal. This will inform you about conducting a defence on appeal. You can conduct your defence yourself, or ask someone to do that on your behalf, for example a family member, a legal aid insurer, or a lawyer. A written authorisation is required if the person representing you is not a lawyer. You will have to pay the costs of legal assistance yourself. You can also submit a notice of appeal or defence yourself and verbally clarify your positions during the hearing.