Both the healthcare domain and education have a broad social significance. Various parties are involved, which raises various issues that involve human work and can lead to sensitive matters. This requires specialisation as well as a broad orientation. Kienhuis Legal's specialists know everything there is to know about this broad field in which all kinds of parts of the law come together. We follow developments closely and are happy to serve you. We focus on all laws, regulations and supervisory bodies, so that you can focus all your attention on your own work. Partly thanks to our multidisciplinary approach, versatile background and years of experience, we understand the interests and motivation of our clients and can provide them with the best possible service.
Experts in healthcare
Cooperation disputes medical specialists
Nobody wants a dispute, especially not in healthcare. Unfortunately, with all the stakes involved, this can still happen. The organisation of a hospital has special and sometimes complex dynamics. Medical specialists sometimes work as salaried employees and sometimes as freelancers. Because they often work in different teams, friction or even a dispute can arise.
Demand for care will increase rather than decrease in the coming years. At the same time, finding qualified staff is difficult. Healthcare providers are therefore forced to cooperate more often and more efficiently. Together with our competition law colleagues, we guide you through this.
It may occur that a patient is dissatisfied with the care received and files a complaint with the disciplinary board. For example, if, in the opinion of a patient, a doctor has acted carelessly, acted too slowly or provided insufficient information. Disciplinary complaints or disputes arise with regard to healthcare professionals and healthcare organisations. A disciplinary complaint may have a huge impact. It is therefore important for the healthcare professional to receive assistance at an early stage, both in a legal and human sense. Kienhuis Legal helps you with both.
Good governance and supervision are important conditions for good care. With the Healthcare Governance Code (Zorgbrede Governancecode), healthcare organisations adhere to 7 principles that are widely supported across the sector. The code is an instrument to organise governance in such a way that it contributes to guaranteeing good care, achieving the social objectives of healthcare organisations and social trust.
Healthcare in the Netherlands is under enormous pressure. There are too few staff and the work is only increasing. And this will be no different in the future. On the one hand, the healthcare sector is expected to hold its own in the free market. On the other hand, the government and health insurers are still interfering in healthcare in detail. Consequently, laws and regulations are extensive and there are several supervisory bodies.
Healthcare purchasing concerns healthcare or welfare that is purchased as a service. The parties purchasing healthcare can be either private or public, ranging from the healthcare consumer themselves, to health insurers, the central government and lower authorities such as municipalities or employers.
The use of new technologies and e-health, in which medical data are processed, is increasing. Think, for example, of healthcare apps and portals. Innovations contribute to efficient treatment of patients, but can, at the same time, also entail privacy risks. To implement this innovation in a safe and legal manner, you can call on Kienhuis specialists.
Healthcare has various supervisory bodies, such as the Health and Youth Care Inspectorate (IGJ), the Dutch Healthcare Authority (NZa), the Netherlands Authority for Consumers & Markets (ACM) and municipalities. They monitor compliance with healthcare legislation.
Good education requires quality buildings. The rules around educational accommodation are not simple. Because municipalities have a legal obligation to provide accommodation for both primary and secondary education, they have a lot of say. Educational institutions are therefore not always free to make decisions regarding their building. This can cause tensions between the parties. Kienhuis Legal has experience in this area of tension and can provide you with legal assistance.
An important condition for good education is good governance. This is not always self-evident and there is a lot involved. Good governance revolves around internal and external supervision, accountability and participation. How the relationships between administrators are arranged determines how the organisation is managed and, to some extent, also its culture. This requires customisation, as every situation and organisation is unique.
In the Netherlands, freedom of education is in our Constitution. This means that anyone can set up a school and organise it according to their own beliefs. This raises many questions about what freedom of education exactly means and what that means for government funding. All in all, it means that educational institutions are operating in a complex industry. Since this involves a lot of regulation, legal help is no luxury. Kienhuis Legal offers that help.
Privacy is a sensitive issue, especially when it comes to children. Educational institutions hold data on their pupils and students and it is essential that this is handled with care. To prevent abuse, there are laws and regulations that protect privacy. What is and is not allowed and how this is enforced is not always clear. Kienhuis Legal helps you translate the rules into practical action points.
In the world of education, the perspectives of pupils or students and their parents (or other legal representatives) can sometimes differ from those of the educational institution. This can happen, of course, but it is then important that a difference of opinion does not immediately lead to a dispute. In such cases, it helps if you can rely on the right legal knowledge.
Education is under enormous pressure due to an increasing shortage of teachers and support staff. This results, among other things, in stress that sometimes leads to disability or even labour conflicts. Kienhuis Legal collaborates extensively with educational institutions and the issues surrounding personnel and labour that arise.
Good education is essential for a future-proof society. That is why education has several supervisory bodies that test this quality, such as the Education Inspectorate and municipalities. This may, for example, involve an investigation into the quality of education, supervision of examinations, a student's compulsory education, but also investigations into funding, accreditation(s), issuing diplomas, safety at school or handling a complaint or dispute.