The Medical Disciplinary Court Dutch Caribbean (Medisch Tuchtcollege Caribisch Nederland – MTCN) completed its first cases this week. It concerned three disciplinary complaints against two doctors and one dentist. One of the complaints was partially declared justified and a warning was issued. The other two complaints were declared unfounded.
Every complaint that the disciplinary court receives, is assessed by a college of one legal practitioner and two dentists and/or doctors. The members are appointed by the Minister of Health, Welfare, and Sport. The college assesses whether the caregiver has worked according to the standards of a reasonably acting doctor or dentist. The starting point here is that the care provider functions at the same level as in the European Netherlands. Of course, island-specific circumstances are taken into account.
When dealing with a complaint, both the complainant and the accused have the opportunity to fully express their point of view. The disciplinary court examines whether the issue in question “did not go well” or “was not done well”. If a care provider has acted culpably, a complaint will be declared justified. In that case, a warning, reprimand, suspension or prohibition can be issued.
The task of the disciplinary court is to monitor and promote good healthcare. The college cannot grant compensation or determine the liability of a care provider. This is done through common case law.