Complaint and disciplinary law
The complaint and disciplinary law sets the bar for professionals for the standards prevailing in his or her professional group. In this regard each professional group has its own norms. Lawyers, bailiffs and various professionals in the healthcare sector such as psychologists and youth care workers for example are subject to specific disciplinary regulation. A complaint submitted to a disciplinary committee, regardless whether or not this complaint is justified, is rather unpleasant for every professional. Imposition of a disciplinary measure may in addition have consequences for the professional involved. For that matter it is important that the professional is assisted by an expert lawyer, who is able to assess the complaint objectively, to advise about it and to assist the professional in the proceedings before the disciplinary committee. The lawyers of PlasBossinade specialized in disciplinary law focus mainly on complaint and disciplinary law for the medical profession and lawyers.
The lawyers of PlasBossinade assist professionals (registered and non-registered in BIG, i.e. the Dutch public register which gives clarity about the medical practitioner’s qualifications and entitlement to practise) in various medical professional groups, such as doctors, nurses and psychologists. The lawyers have broad experience in proceeding before the regional and central disciplinary committee and they have thoroughly explored the applicable regulations such as for example the Individual Health Care Professions Act (Wet BIG) and the Healthcare Quality, Complaints and Disputes Act (Wet Wkkgz).
If a complaint submitted to the disciplinary committee meets the requirements laid down in the applicable disciplinary regulation, the professional will be asked to put forward a written defence against the complaint. Together with a lawyer at PlasBossinade the matter will be discussed and a defence will be drawn up. In many cases after the defence has been submitted, a hearing will take place before the Supervisory Board. After the hearing the Supervisory Board will examine whether the complaint is justified and whether or not a measure must be imposed. Should you disagree with the decision of the Supervisory Board an appeal can be lodged before the Board of Appeal.
Even though lawyers work every day with issues related to the application of or proceedings about regulation, it is sensible for a lawyer to seek assistance from a colleague who is specialized in disciplinary law applicable to lawyers. Precisely because a lawyer against whom a complaint is submitted is individually concerned, it is important to engage a colleague who is able to assist during the course of the proceedings with personal detachment and full knowledge of all the considerations involved.
At PlasBossinade there are tax lawyers and a chartered accountant is also available. If required they could be a highly suitable sparring partner of the professional to whom a complaint is submitted.
Are you looking for a lawyer who is specialized in complaints and/or disciplinary law? PlasBossinade has lawyers with a lot of knowledge of and experience with complaints and disciplinary law: they are ready to be of service to you. Please do not hesitate to get in touch with us in order to discover what we can do for you.