What does the Wkkgz require for complaints, the klachtenfunctionaris and the geschilleninstantie?
A Dutch clinic needs a written klachtenregeling, a klachtenfunctionaris who helps the complainant at no cost, a reasoned written answer within six weeks, and membership of a recognised geschilleninstantie. The geschilleninstantie gives binding advice and may award damages of at least €25,000.
What the law asks
| Article | Duty |
|---|---|
| 13 | A written, effective and low-threshold klachtenregeling, made known to patients |
| 15 | A klachtenfunctionaris who advises the complainant at no cost and works independently |
| 16 | Careful investigation, aimed at a solution, with the complainant kept informed |
| 17 | A reasoned written answer within six weeks, extendable once by four weeks with notice |
| 18 | Membership of a geschilleninstantie recognised by the Minister, shown to patients |
Run the complaint well
A complaint about conduct towards a patient may be made in writing by the patient, a bereaved relative or a representative.1 Patients have been able to reach the klachtenfunctionaris at no cost since 1 January 2017, and the duty to join a geschilleninstantie applies to zzp'ers too.2
- Acknowledge the complaint the same day. Name who will handle it and offer the klachtenfunctionaris.
- Investigate carefully. Read the file, the messages and the signed note, and speak to the people involved.
- Keep the patient informed. Article 16 requires it, and a short update prevents a second complaint.
- Answer in writing within six weeks. Your judgment, the decisions taken and when any measures will be in place.
- Extend only with notice. Up to four more weeks, in writing, before the six weeks end.
- Point to the geschilleninstantie. If the patient is not satisfied, explain how to bring the dispute.
- Received on ______ From ______ Relationship to patient ______
- Klachtenfunctionaris offered ______ Handled by ______
- Files and messages reviewed ______
- Updates sent on ______
- Written answer sent on ______ Within six weeks ______ Extended to ______
- Measures ______ By when ______ Geschilleninstantie explained ______
Questions
Must the klachtenfunctionaris be independent?
Yes. Article 15 says an employed klachtenfunctionaris must be able to work independently and may not be disadvantaged for how they do the role.
How long do we have to answer a complaint?
Six weeks from receipt, extendable once by up to four weeks if you tell the complainant in writing before the six weeks end.
Does a solo practitioner need a geschilleninstantie?
Yes. Rijksoverheid states that every zorgaanbieder must join a recognised geschilleninstantie, zzp'ers included.
Sources
- 1Overheid.nl, wetten.overheid.nl, 2026Wet kwaliteit, klachten en geschillen zorgRead source
- 2Rijksoverheid, 2026Wet kwaliteit, klachten en geschillen zorg (Wkkgz)Read source
Written by the wai team from Inspectie Gezondheidszorg en Jeugd guidance, checked on 16 October 2026. This is guidance, not legal advice. The IGJ does not endorse wai or any software.