Liability of GP in Lyme: Your rights

Questioner

A few years ago I was bitten by a tick. I got a so-called erythema migrans (circle) around the bite. My GP had a blood test done and it was negative. Because this test was negative he did not prescribe antibiotics. In the meantime I have a lot of suffering and complaints, which has caused me to delay my studies for several years. (fatigue, pain in joints/muscles, neurological complaints, heart complaints, etc.) Now I find out that an erythema migrans means that you have 100% certainty Lyme disease. According to the protocols (which were also valid then) the GP must give a course of antibiotics after seeing an erythema migrans (regardless of the blood test - often unreliable) because the disease is then still successfully and problem-free fought. Because the doctor did not give me antibiotics at the time (against the GP protocols at the time), the Lyme is now chronic and difficult/impossible to treat. Can I hold my GP liable for all the suffering/damage/possible treatment costs to the extent that treatment is possible and the study delay I have suffered? And how high could this compensation be?

Lawyer

If the GP has not acted according to the protocols, he is/can be held liable for the damage suffered and of course also the consequential damage. What the exact compensation can be, cannot yet be judged, because I do not know the documents. If you wish, you may contact me directly to inspect the necessary documents.

Lawyer

If it can be demonstrated that your GP did not act in accordance with the applicable protocol at the time, then he did not act lege artis (cf. the protocol ruling of the Supreme Court from 2001). In that case, you could possibly successfully hold your GP liable. Please note that your GP's insurer will put up a defence. If your GP is liable, then there is more damage than just the study delay. It should be investigated what the damage is due to the study delay. Although the Personal Injury Council has a guideline for study delay, this only applies to study delays of up to one year. In your case, the study delay is greater. However, there is more damage than just study delay. I am thinking of additional healthcare costs, compensation for pain and suffering, etc. I advise you to seek the assistance of an experienced personal injury lawyer. He or she can not only help you to have liability acknowledged, but also to estimate and recover the damages you have suffered. If you wish, please feel free to contact me.