Medical Disciplinary Tribunal Caribbean Netherlands

The task of the MTCN is to monitor and promote high-quality healthcare. Any complaint received by the MTCN is assessed to see whether the accused healthcare professional has worked in accordance with reasonable professional standards. The healthcare professional must have acted in accordance with the same standards as are applicable in the European Netherlands. The disciplinary tribunal also takes account of the possibilities and limitations that exist on the island.

Every complaint received by the MTCN is assessed by a board consisting of a chairperson and two fellow professionals. In the event of complaints made against a midwife, the board will be made up of a lawyer, a midwife and a doctor. The MTCN always tries to ensure that one of the members is from another Caribbean island. The board is assisted by a secretary, who is also a lawyer. The members of the board are appointed by the Minister of Health, Welfare and Sport in the Netherlands.

When processing a complaint, both the complainant and the accused are given the opportunity to express their opinion. The board assesses whether the healthcare professional has acted culpably and issues a ruling after all the parties have been heard.

A procedure starts as soon as the MTCN receives a notice of complaint. The MTCN secretary assesses the complaint. If anything is unclear, the secretary will ask for additional clarification. If the complaint is clear, the secretary will send a copy to the healthcare professional. The healthcare professional is always given an opportunity to respond in writing. This is referred to as a statement of defence.

Process

Once all the documents have been received, the procedure can continue in one of the following ways:

• The MTCN may invite the parties involved to a verbal preliminary investigation. This meeting is usually chaired by the chairperson. The aim of the verbal preliminary investigation is to obtain more information about the complaint and the defence. During the verbal preliminary investigation meeting, the parties involved will have an opportunity to clarify their positions. They may also be expected to answer questions. Another purpose of this meeting is to investigate whether the parties are able to find any common ground. If so, the complaint may be withdrawn.
• The MTCN decides on the case without a hearing being held. This may be possible if the MTCN considers that the complainant does not have the authority to complain, or if the MTCN considers the complaint to be manifestly unfounded.
• The MTCN deals with the case at a hearing. All the parties involved will then be given an opportunity to clarify their positions. A decision is taken after the hearing.

Decision

The MTCN can declare a complaint to be justified or unfounded. If a complaint is declared to be justified, 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. Possible measures include a warning, reprimand, fine, suspension or professional disqualification. The board cannot award any compensation payments or determine liability on the part of a healthcare professional. That has to be done via a court order.

What you can do if you do not agree with the ruling?

In some cases it is possible to lodge an appeal and you can find out how to do so under the ‘Appeals’ heading.

If you believe that a healthcare professional has not acted properly, for example by providing an incorrect diagnosis, violating their duty of confidentiality, or by engaging in transgressive behaviour, you can submit a complaint to the MTCN. Any complaint submitted in writing is referred to as a notice of complaint. You can only submit a notice of complaint against a doctor, dentist, pharmacist or midwife who works on Bonaire, St. Eustatius or Saba.

The complaints procedure

A notice of complaint can be submitted to the MTCN by email or post. The notice of complaint should preferably be written in Dutch, but it can also be submitted in English or Papiamento.
The address details are medischtuchtcollegebes@minvws.nl and MTCN, PO Box 16437, 2500 BK The Hague, The Netherlands.

Your notice of complaint should include the following information:

• Your name and address.
• The post held by the accused.
• The accused’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. If the person representing you is not a lawyer, you must submit a written authorisation signed in pen which shows that you authorise this person to submit the complaint and conduct the proceedings with the MTCN on your behalf.

No authorisation by the patient

If you submit a complaint about the treatment of the patient and have not been authorised by the patient in question, you must state the following in the notice of complaint:

• 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 are not obliged to get legal assistance and advice, but if you do so you will have to pay the resulting costs yourself. You can also submit your complaint yourself and provide a verbal clarification during the hearing.

If someone has submitted a complaint about you to the MTCN, the MTCN secretary will inform you to that effect by post. In most instances you will first receive an email. You will always be given an opportunity to respond to the complaint in writing. You will do so by submitting a so-called statement of defence. The secretary will provide you with information about how to conduct your defence. Although you can conduct your defence yourself, you can also engage someone to do so 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 are not obliged to get legal assistance and advice, but if you do so you will have to pay the resulting costs yourself.

If you disagree with the MTCN ruling, you can appeal to the Joint Court of Justice of Aruba, Curaçao, St. Maarten and of Bonaire, St. Eustatius and Saba and then ask the court to issue a judgment about the MTCN’s ruling. In order to appeal, you must submit a notice of appeal.

Who can appeal?

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

• The complainant can lodge an appeal if:
  - the complaint is declared inadmissible;
  - the complaint is rejected without further investigation;
  - no measure is imposed after investigation.

How to lodge an appeal

You lodge an appeal by sending a so-called notice of appeal to the clerk of the Joint Court of Justice on Curaçao. You should do so within thirty days after the MTCN ruling has been pronounced or sent out. It is preferable for you to write your notice of appeal in Dutch, but notices of appeal in English or Papiamento will also be accepted.

Your notice of appeal should include the following information:

• 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 ruling your appeal is aimed at.
• Your signature.

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 counterparty has lodged an appeal, the Joint Court will send you the notice of appeal. The Joint Court will provide you with information about conducting a defence on appeal. You can conduct your defence yourself, or ask someone to do so 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.