A Member of Parliament from the GroenLinks-PvdA party recently asked Parliamentary questions to the Minister of Health, Welfare and Sport about a client in a care institution who has been living in poor conditions and not receiving proper care for years. The reason for asking these questions was Omroep Gelderland's article about the client. André den Exter, Associate Professor of Health Law at Erasmus School of Law, appeared with his reaction in the same article. "Shocking and confronting that this occurs in our country.”
Den Exter explains that it is undoubtedly difficult for healthcare providers to take good care of complicated clients. "But that does not justify such treatment." Moreover, care providers have legal obligations under the Long-term Care Act, according to the Associate Professor. "The care provider provides good care, a broad concept that includes safe, timely, necessary care that is tailored to the client's needs in accordance with quality and professional standards."
Breach of the statutory duty of care
All healthcare institutions must provide care that meets certain quality requirements. These include the duty to provide responsible care that meets the quality standards of the profession and to discuss the care plan with clients. According to Den Exter, the story about this institution is not in line with the requirements. "Not providing care or providing care too late and unsound care that does not meet professional standards in conjunction with the legal duty of care, so care provided by unqualified staff, not responding to night alarms, and the caregiver's comment that 'if you do not call tonight, you will get a euro from me tomorrow', do not fit the duty of care."
Moreover, these facts also constitute a violation of human rights. "A violation of the right to care is also a violation of human dignity", Den Exter said. Human rights are rights that apply to all people in the world. European and international declarations and treaties protect them.
Legal consequences
According to Den Exter, such care institutions have several legal consequences when they fail to comply with the legal standards of care described in the Long-term Care Act. "First up is the care institution's turn, the complaints committee can declare the complaint well-founded, the Health and Youth Care Inspectorate can even give an instruction under the Act on quality, complaints and disputes in care, and perhaps individual care providers (BIG-registered) can be subject to disciplinary action."
According to Den Exter, the client only wants to receive good care. "The client's concern is not compensation but good care.” However, he can still turn to different parties. "He is voluntarily admitted to an institution and can complain to the complaints committee, disputes committee and he can go to court for a non-performance."
- Associate professor