Medical Advisor in Personal Injury Cases (Netherlands)

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The medical advisor and the medical process in a personal injury case form the absolute basis of your claim after an accident under Dutch law in the Netherlands. In this process, an independent medical advisor assesses your injury. The physical and mental limitations you experience as a result are also discussed. In addition, they look at the medical causality (the causal link) between the accident and your current complaints. This process is crucial for every personal injury medical claim. After all, the medical information legally determines which damage is attributed to the accident. Without a rock-solid medical file, it is impossible to claim your maximum compensation. This applies after a traffic accident, a workplace accident, or a medical error. It is clear that you need expert help with this.

Do you want to know immediately where you stand and how we can take the medical process off your hands? Do the free Quickscan and within 5 minutes you will know if you have a case. You will immediately receive an indication of your compensation. You can also contact us directly via our contact form. This is completely free of charge and without obligation for you. In the event of acknowledged liability, the opposing party pays our costs and the costs of the medical advisor (pursuant to art. 6:96 BW of the Dutch Civil Code (BW)). Your case will be handled personally by mr. Patrick Nobel. Do not wait too long to engage our firm. This ensures that important medical evidence is not lost and we make a strong start immediately.

What does a medical advisor do in the event of sustained injury and limitations?

A medical advisor is an independent, BIG-registered doctor. This doctor specializes in assessing personal injury. Many victims think that their own general practitioner or treating specialist in the hospital takes on this role. However, that is a misunderstanding. Your own treating doctor focuses exclusively on your medical treatment and recovery. The medical advisor focuses on the legal translation of your medical file and its consequences. Due to professional secrecy and the treatment relationship, your own doctor is not allowed to make statements about the legal causality of your sustained injury.

The medical advisor analyzes your medical data and answers a number of key questions for our firm about your sustained complaints and limitations:

• Medical causality: Are your current complaints actually the logical medical consequence of the accident?
• Pre-existing complaints: Did you already have similar complaints (such as back pain) before the accident? If so, to what extent has the accident worsened these complaints? The opposing party will often try to blame your complaints on your medical history. Our medical advisor provides a strong, medically substantiated defense against this.
• Limitation profile: Which concrete actions can you no longer perform due to the injury? Think of sitting for long periods, heavy lifting, or concentrating.

Our firm works closely with permanent, independent medical advisors. They study your file and put your interests first. In this way, they ensure that we can reply to the advisors of the liable insurance company.

How does the medical process for medical information and medical advice work?

The medical process in a personal injury case follows a fixed, careful structure. This is essential to guarantee your privacy. At the same time, we build an accurate, watertight file with which we can convince the opposing party.

1. The targeted medical authorization: You sign a specific, targeted medical authorization. With this, you give our medical advisor permission to request exclusively relevant information from your treating doctors. We never give the opposing party a blank power of attorney. 2. Requesting and filtering the medical file: Our medical advisor requests the relevant medical information from your general practitioner, the hospital, or the physiotherapist. We strictly ensure that no unnecessary or ancient medical data ends up in the file. 3. Drafting the medical advice: Based on the information obtained, our advisor drafts a medical advice. This clearly describes what your injury is and which treatment process you are following. The expected recovery time and permanent limitations (disability) are also discussed. 4. The final medical state: As soon as you have fully recovered, we speak of a ‘final medical state’. This also applies when no further improvement or deterioration is expected in the future. Only at that moment can the final compensation be safely determined and settled. Until then, we will of course arrange advances for you.

What does the law say: how can a personal injury lawyer help?

The law provides clear frameworks for engaging and funding a medical advisor in a personal injury case. You do not have to pay for this specialist help yourself. A good personal injury lawyer will help you with this.

Pursuant to art. 6:96 BW, reasonable costs for determining damage and liability are eligible for compensation as property damage. In concrete terms, this means that the costs for engaging your own medical advisor must be paid by the liable opposing party. This applies just like the costs of our personal injury lawyers. The legislator has arranged it this way to ensure that you as a victim do not bear the costs of proving you are right.

In addition, the relationship between you (or our firm on your behalf) and the medical advisor is based on a contract for services. This is laid down in art. 7:400 BW. This legal framework guarantees that the advisor is an independent contractor. They must work expertly and respect your medical privacy.

The medical process: what do the judge’s advices say?

The Hoge Raad (Dutch Supreme Court) has formulated important, guiding rules about the medical process in various judgments. These advices and rules concern the role of experts and the protection of the victim against the insurance company.

• Hoge Raad, 1999 (ECLI:NL:HR:1999:ZC2887):
• Case: In this case, there was discussion about the medical basis of complaints that were difficult to objectify.
• Rule of law: The Hoge Raad ruled that the trial judge may decide whether to appoint a (medical) expert to objectify complaints.
• Consequence for you: A judge is not obliged to always appoint an independent expert. This emphasizes how important it is that our firm builds a rock-solid medical file for you right from the start.
• Hoge Raad, 2008 (ECLI:NL:HR:2008:BB5626):
• Case: This well-known judgment specifically concerns the scope of the medical examination. It deals with the tendency of liable parties to dig deep into the medical history of victims.
• Rule of law: The medical expert has discretionary power to determine which data are needed. The Hoge Raad ruled strictly that ‘fishing expeditions’ by the opposing party’s medical advisor are absolutely not permitted.
• Consequence for you: Your privacy is guaranteed. They are not allowed to dig up your entire medical past.
• Hoge Raad, 2022 (ECLI:NL:HR:2022:1174):
• Case: A dispute arose over the question of whether the costs for an own expert had to be reimbursed by the opposing party.
• Rule of law: The Hoge Raad confirmed that the reasonable costs incurred by an insured party to determine the damage are mandatorily borne by the liable party.
• Consequence for you: You can confidently engage our firm and our medical advisor. The opposing party must pay these costs.

Independent medical expert examination for expert advice on your medical situation

In practice, discussion regularly arises between our medical advisor and the opposing party’s medical advisor. For example, they state that your whiplash complaints should have been over after six months. However, you still experience daily pain in your current medical situation. If the advisors cannot reach an agreement among themselves, an independent medical expert examination (an expertise) may be necessary for expert advice.

In this context, we appoint a joint, independent specialist in close consultation with the opposing party. This can be, for example, a neurologist, orthopedist, or psychiatrist. We jointly draw up a targeted questionnaire (the IWMD questionnaire). This specialist examines you once and answers the questions about your injury. The outcome of this independent examination is in principle binding for both parties. It forms the definitive foundation for the damage calculation.

Which items of damage flow from the personal injury advice?

Many victims look for information about the medical process. However, they do not realize how many financial items of damage are directly linked to this. The medical advisor determines your limitations. Our personal injury lawyers then translate these limitations into euros. Good personal injury advice is indispensable here.

A personal injury lawyer maps out all items of damage. Also the items you probably do not think of yourself. The opposing party will of course not spontaneously point these out to you.

Our firm ensures that no single item of damage is overlooked. We use the medical advisor’s report to solidly substantiate every item towards the opposing party.

Do you want us to guide your medical process and map out your full damage? Do the free Quickscan or contact us directly. We handle your case personally. You pay nothing for our services and we recover your full damage from the liable party.

Why a personal injury lawyer makes the difference with personal injury questions

A specialized personal injury lawyer makes the absolute difference in your case. Do you have personal injury related questions? We are happy to answer them and give you clear advice. The medical process is the backbone of your claim. If you go through this process alone and rely on the opposing party’s medical advisor, a dangerously uneven playing field arises. The insurance company is a commercial party that wants to keep the claims burden as low as possible.

You have the right to ‘equality of arms’. Our firm offers you this. We hold the opposing party liable and immediately engage our own medical advisor to protect your medical interests. We take over the entire legal and financial discussion with the opposing party. Your fixed point of contact is mr. Patrick Nobel, who handles your case personally. We arrange advances during your recovery and monitor the limitation periods. We are fully committed to the highest achievable compensation, while you can focus on your medical recovery in peace.

Frequently asked questions

Is the opposing party allowed to view my medical file?

No, the claims adjuster and the lawyers of the opposing party are absolutely not allowed to view your medical file. Only the opposing party’s medical advisor (a BIG-registered doctor with professional secrecy) is allowed to view relevant medical information. Moreover, this is only permitted after you have issued a targeted, specific authorization for this via your own representative.

What is the difference between my treating doctor and a medical advisor?

Your treating doctor (such as your general practitioner or surgeon) focuses exclusively on your medical treatment and recovery. A medical advisor does not treat you. This doctor assesses your medical file purely to determine the legal consequences of your injury. This way we can properly substantiate your personal injury case.

How long does the medical process take in a personal injury case?

The duration of the medical process is entirely dependent on your recovery. The process continues until there is a ‘final medical state’. Because victims often want to know when they can expect clarity, we are happy to give an indication: on average, the medical process for minor injuries takes 6 to 12 months. For severe or complex injuries, this process can take an average of 1 to 3 years (or longer). We always arrange financial advances in the meantime.

Can I engage a medical advisor myself?

Although it is theoretically possible, it is strongly discouraged. The medical process is legally complex and requires specific knowledge of personal injury. We work together with experienced, independent medical advisors and ensure that these costs are fully paid by the liable opposing party. By engaging us, you run no financial risk whatsoever.

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