[New context for the Individual Healthcare Professions Act (BIG law)]. / Nieuwe context voor de wet BIG.

In 2013 the Dutch Individual Healthcare Professions Act (known as the BIG law) was evaluated for the second time. The research showed that patients have limited awareness of the registration of healthcare professionals and that the system of reserved procedures is almost unknown. On the other hand, healthcare institutions (especially hospitals) frequently check the register, as do healthcare insurance companies when contracting institutions. Knowledge of the reserved procedures system is moderate amongst professionals too, while the organisation of care is to a great extent based on this system. Since the change of system in 2006 quality assurance in professional practice has been much more rooted in the internal structure of care; in this way, the BIG law did not go the way the legislator intended. According to the researchers, this has not prevented the BIG law from still playing an essential function. Indeed, the BIG law has not reached its final destination, but it may reach its goal via another route.

[Disciplinary decisions about ENT doctors: an overview of the period 1993-2012]. / Tuchtrechtelijke beslissingen over kno-artsen: een overzicht van de periode 1993-2012.

We examined the prevalence and consequences of complaints about ENT doctors lodged with the disciplinary board. In the period 1993-2012, 181 disciplinary decisions were made about ENT doctors. Relatively few complaints were made against ENT doctors compared with other medical professions; 16% of the complaints were upheld. Only the lightest measures were taken, such as warnings or reprimands. Seventy-five complaints concerned a medical-technical procedure. When focussing on surgical treatments, the most serious complaints were about endoscopic sinus surgery. In the study period (1993-2012), 448 claims were filed against ENT doctors at the largest Dutch hospital insurer for medical liability. The biggest claims were also related to endoscopic sinus surgery cases. Recommendations are made to improve the quality policy of the Dutch ENT society.

Medication regimes in the context of end-of-life decisions in neonatology: legal considerations with regard to Dutch NICU-practice.

Developments in legal and medical research concerning end-of-life decisions regarding severely suffering neonates in the Netherlands provide good cause for reflection on specific items of this issue. This article deals with the outcomes of the first national survey on end-of-life practice in Dutch Neonatal Intensive Care Units (NICUs) and examines the legal aspects of the use of medication as a part of this practice. The authors particularly reflect on the application of analgesics and sedatives on the one hand and neuromuscular blockers (NMBs) on the other hand. Furthermore, they focus on different elements of medicinal use such as indication, the moment of administering, dosage, effects of combinations of drugs, the relationship to the causation of death and (failures in) documentation.

Medication regimes in the context of end-of-life decisions in neonatology: legal considerations with regard to Dutch NICU-practice.

Developments in legal and medical research concerning end-of-life decisions regarding severely suffering neonates in the Netherlands provide good cause for reflection on specific items of this issue. This article deals with the outcomes of the first national survey on end-of-life practice in Dutch Neonatal Intensive Care Units (NICUs) and examines the legal aspects of the use of medication as a part of this practice. The authors particularly reflect on the application of analgesics and sedatives on the one hand and neuromuscular blockers (NMBs) on the other hand. Furthermore, they focus on different elements of medicinal use such as indication, the moment of administering, dosage, effects of combinations of drugs, the relationship to the causation of death and (failures in) documentation.

[Legal aspects of video registration during operations--the digital operating room assistant: opportunity or threat?]. / Juridische aspecten van videoregistratie bij operaties. De digitale operatieassistent: kans of bedreiging?

Video registration in hospitals is becoming increasingly frequent and an increasing number of surgical procedures are performed with the help of video imaging. The Technical University of Delft is developing a safety system that will use video images to directly inform medical staff of technical problems during surgery so that necessary adjustments can be made in time: the digital operating room assistant. However, the saving of video images is legally considered to be processing of personal data. Dutch privacy legislation requires that certain legal demands are taken into consideration. From legal point of view three situations can be distinguished where video images are being used: (a) as an essential part of treatment (endoscopic surgery, for example), (b) to enhance the quality of the procedure, and (c) for the purposes of peer assessment or education. To whom and in which way consent has to be asked, differs per situation. We recommend that video recordings of crucial points in the operation are included in the patient file. The same counts for incidental findings or complications if, according to the standard of a good caregiver, this is necessary for the further treatment of the patient. In addition to the doctor and the patient, in certain circumstances, access to the video recordings may also be granted to the Health Care Inspectorate and, to the Public Prosecutor. Covert video recording of an employee is a breach of privacy and essentially punishable by law. Video recordings may not themselves be used to assess the performance of the surgeon involved.

[Liver donors no longer foot the bill Compensation for medical costs and loss of income]. / Leverdonor niet langer kind van de rekening. Tegemoetkoming voor medische kosten en gederfde inkomsten.

Organ donation is at the centre of medical and societal attention. An important reason for this is the shortage of donors and thus organs. One of these shortages concerns cadaveric-donor livers. The alternative is living-donor liver transplantation. Until recently, the donors' healthcare costs and loss of income were impediments to living-donor liver transplantation. However, the Dutch government has now removed these obstacles, on the one hand by covering the medical costs associated with the donation, the travelling costs of the donor and a companion, and on the other hand by a subsidy to cover loss of income for the self-employed. This subsidy is limited to a maximum and does not include full compensation for salaried workers fully disabled for work as a result of medical complications of the donation. Complication insurance is needed similar to that developed for kidney donors.

End-of-life decisions in Dutch neonatal intensive care units.

OBJECTIVE: To clarify the practice of end-of-life decision making in severely ill newborns. DESIGN: Retrospective descriptive study with face-to-face interviews. SETTING: The 10 neonatal intensive care units in the Netherlands from October 2005 to September 2006. PATIENTS: All 367 newborn infants who died in the first 2 months of life in Dutch neonatal intensive care units. Adequate documentation was available in 359 deaths. OUTCOME MEASURES: Presence of end-of-life decisions, classification of deaths in 3 groups, and physicians' considerations leading to end-of-life decisions. RESULTS: An end-of-life decision preceded death in 95% of cases, and in 5% treatment was continued until death. Of all of the deaths, 58% were classified as having no chance of survival and 42% were stabilized newborns with poor prognoses. Withdrawal of life-sustaining therapy was the main mode of death in both groups. One case of deliberate ending of life was found. In 92% of newborns with poor prognoses, end-of-life decisions were based on patients' future quality of life and mainly concerned future suffering. Considerations regarding the infant's present state were made in 44% of infants. CONCLUSIONS: Virtually all deaths in Dutch neonatal intensive care units are preceded by the decision to withdraw life-sustaining treatment and many decisions are based on future quality of life. The decision to deliberately end the life of a newborn may occur less frequently than was previously assumed.

Conflicts about end-of-life decisions in NICUs in the Netherlands.

OBJECTIVE: To determine the frequency and background of conflicts about neonatal end-of-life (EoL) decisions. METHODS: We reviewed the medical files of 359 newborns who had died during 1 year in the 10 Dutch NICUs and identified 150 deaths that were preceded by an EoL decision on the basis of the child's poor prognosis. The attending neonatologists of 147 of the 150 newborns were interviewed to obtain details about the decision-making process. RESULTS: EoL decisions about infants with a poor prognosis were initiated mainly by the physician, who subsequently involved the parents. Conflicts between parents and the medical team occurred in 18 of 147 cases and were mostly about the child's poor neurologic prognosis. Conflicts within the team occurred in 6 of 147 cases and concerned the uncertainty of the prognosis. In the event of conflict, the EoL decision was postponed. Consensus was reached by calling additional meetings, performing additional diagnostic tests, or obtaining a second opinion. The chief causes of conflict encountered by the physicians were religious convictions that forbade withdrawal of life-sustaining treatment and poor communication between the parents and the team. CONCLUSIONS: The parents were involved in all EoL decision-making processes, and consensus was ultimately reached in all cases. Conflicts within the team occurred in 4% of the cases and between the team and the parents in 12% of the cases. The conflicts were resolved by postponing the EoL decision until consensus was achieved.

Views of physicians, disciplinary board members and practicing lawyers on the new statutory disciplinary system for health care in The Netherlands.

The introduction of the Individual Health Care Professions Act (IHCP Act) at the end of 1997 brought a change in various aspects of the disciplinary proceedings. The opinions of those directly involved give an overview of the way in which the disciplinary proceedings functions under the IHCP Act in daily practice, and thus an indication of the contribution made by the disciplinary system to fostering and monitoring high standards of professional practice. Questionnaires were sent to 1300 physicians: 400 general practitioners, 350 internists, 250 gynaecologists and 300 psychiatrists (response 69%, 65%, 60% and 60%, respectively), all 388 disciplinary board members (response 89%) and 43 practicing lawyers (response 65%). Almost all of the disciplinary board members and the practicing lawyers, compared to less than one-third of the physicians, were of the opinion that in their judgement of the complaints the disciplinary boards complied adequately with the concept of good professional practice. A large majority of the disciplinary board members and the practicing lawyers regretted that a complaint could not be declared justified without a sanction being imposed. Most of them were of the opinion that there would be an increase in the number of justified complaints if this possibility were incorporated in the Act. According to the majority of the disciplinary board members and practicing lawyers, the change in the composition of the disciplinary boards had not strengthened the position of the complainant. Most of the respondents were of the opinion that the inclusion of a health professional instead of a legally qualified member was necessary in order to promote consistency in the verdicts concerning professional practice, and thought that a member from the same specialism should always be involved in the judgement of a complaint. A further contribution to the fostering and monitoring of high standards of professional practice could be made by increasing the number of health professional members, adapting the composition of the disciplinary boards to suit the specialism of the accused professional, and introducing the possibility to justify a complaint without imposing a sanction.