The document discusses issues with medical legislation and the rights of patients. It argues that current medical legislation fails to properly protect patients' rights and allows for abuse, concealment of medical errors, and improper experimentation. It calls for reforms to establish clear patient rights, independent oversight of medical cases, and penalties for deliberate violations of medical law and abuse of patients. The document provides a detailed historical overview of the development of legislation and calls for a new framework that properly separates the legislative, judicial, and executive powers in the medical sector to better protect both patients and honest doctors.

1. The law is straight, the use of it sometimes is not.
A condensation of the legislationsystem in the need for a rigour management of the medical
legisaltion with a treatment about abuse within the patient rights conscidering the position of the
patient, what is also forming a pleigh to make accordingly rigour inproovements in the medical
legislation as wel as ih the conduction of that legislation.
By Siegfried van Hoek.
An introductional drawing of the history of the dellopment of the system of legislations.
Once there was a time that proverbial the mayers son unpunished could outrage on the
warm daughter of the baker, or in other words in the turbulance of time with several
changes of emporment tribunes regulary the uniformity in legislation was lost. After the
epoque of the French revolution it was found nescessary to construct a legislation that
was valuable to everybody, and this legislation in total this was called the codification.
The terms equality, brothership and freedom founf theur authority within. Herewith arose
the basis for the devellopment of the system of legislations. A first important modification
following upon was the discrimination into three authorities: the Trias Politica: the
legislating force (politics), the executing force (society, police) and the controling force
(police, judge etc.). This trinity was ment to prevent that the legislater or the executing
force could applie or alter the legislations in their interest. Another important
devellopment was the description of the convention of the human rights. Different from
this term is suggesting thes are no laws or rights, but moreover appointments, whereof the
influence is to be found back in the basic legislation ground law of various countries.
Likewise in the Dutch ground law is taken in the right for equal treatments in person, but
also the right for a reliable medical treatment. The grounlaw as the word is already telling
is forming the basis of the sysyem of legislation. The groundlaw contains for a part the
rights of the civilian and further the installation and management of the state, whereout
are coming forth the duties for the civilians in the upfollowing books of legislation, which
are pointing out the acceptable standard which behaviour is valuable within the state.
Duties also implicitly give rights, but rights spoken out are better. The criminal law is
there to set exceeds of the standard punishable. In the criminal legislation is described as
well the way of examination, judgement, as well as the measure of punishment, but also
under which conditions what kind of behaviour is exactly punishable by law. Especially
this book of legis;ation is herewith much in devellopment, because of the excistance of it
within a society in devellopment with new eareas of criminal law arising (f.i. Internet-
hacking), or certain areas are just becoming permitted (f.i. cannabis, euthanasie). bis).
Seen in reverse one could state, that the existance of the state and the civillians are
discribed completely in such a wanted way as universal as possible in a system of
legislation. Whitin that system adaptations and new laws are made in reaction upon a
society in devellopment, wherein a civillian maty have a independant responsable
existance. Because of the creation of the free market effect (and the reduction of practical
interference of the government about the actual execution) in the last decennium the
position and the rights of the civillian as a consumer is taking a more important position,
which is leading also again to new adaptations and laws.
The civillian as juridical layman and the unwritten legislations as standard.
A lawyer does not need to learn the book of legislation by heart, he has to now his way in
it and is consulting searching up the discribed legislations. A layman does need to be able
to do all this, the law is namely based upon common sence of rights and duties in mutual
respect and equality. Within court the judge is also judging with common sence and
understanding of laws. Everybody realizes that one cannot violate (without permission)
another third person like that. In medical activities there is talk of defamation of the body;
a addressed elaborated legislation is important therefor, because the law itself is based
upon legislation and not just upon a mere common sence of what is allowed or not. This
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2. elaborated legislation is lacking however, and reformations are needed very hard in order
to improove the position of the patient nescessararely truly indeed.
The being in default of the Trias Politica in the medical rights of the civillion.
Selfdetermination for the civillian is a domain, which particulary in the medical
legislation needs to be elaborated better. The rights of the civillian on the medical plane
were now mainly an extraction of the obligations of the healthcare provider, and there
were no defined rights for the patient, where they could appeal to.
The execution of the medical legislation therefor is in contradiction with the system of
legislation of the Trias Politica: The fellow-doctor can take himself seat on the chair of
the judge in the evaluation of madical activities, and the patient has no input at all. Next
to this there is an openly acknowledge cortactual obligation from the insurers side to
remain silent, in the case of arising medical injury of harm, by which the patient even can
be confronted with the concealment of medical injury of harm. The obligation to silence
is however a minor legislation then the right for protection for the civillian, for the right
for equal treatment and obtaining a reliable healthcare is in fact even descibed in priamry
ground legislation! Herewith should be mentioned, that medical reports in case of medical
injury of harm coming into excistance ofeten appeared to be incomplete...; or in other
words medical injury of harm can be judge with an incomplete file by a fellow-doctor,
which is taking the disciplinairy judging function. In that case we can talk of mingling of
interests, wherein untruthfull administration of justice with verdicts can excist.
Even the policians appeared to tolerate this unwanted behaviour. Secretary of State (for
instance) of the laborparty Partij van de Arbeid for instance Ms. Dr. Jet Bussemaker,
which a year ago (in 2007, in reaction upon a political question from Mr, Geert Wilders
concerning the excistance of clandestine medication experiments on patients, not needing
that medicin at all) declared, that doctors in their edjucation should learn, to inform
patients before about an experimental treatment (in abuse)... I point out that her answer is
averse from what we should expect from a regent, for in 2003 came into excistance the
legislation agreement for medical treatment (Dutch law WGBO), wherein the right for
complete information and treatment options advice indeed wás settled already. Besides
the fact that every welthinking being knows out of common sence, that somenone is not
allowed to perform experimental activities on a patient without the permission of the
patient! Added to this, that exactly because the medical legislation is that poor, the patient
also can be aggrieved (jurisdiction) in the advocay of madival injury of harm in the
patient rights. Body-snatching is a phenomena that can arise... This, while the Police has
no qualification into this domain. NeVeMeDis already stated, that err is human, bit to
conceal is not human. The dupe of the patient in society is however with the cult of
silence in evaluation of medical injury of harm even a direct violation of human rights.
Finally we can talk of a deliberate violation of the patient in its natural legal ground
concerning its well being of its bodily property and life. Next to the cult of silence around
medical mistakes apparently there also is abuse for improper violative experimental
purpose. A legisaltion that is permitting abuse ought to be adapted. The Trias Politica is
failing in the medical legislation?
One causal problem was, that the legislation around medical handlings for the patient
were an extraction of the tretment obligations for the healthcare provider, by which the
patient were not given rights in the direct sense in the appeal to that obligations. The
evaluation of medical activities in judging upon is a delicate matter, when we are dealing
with medical injury of harm. Ultimately the activities of a doctor (honourable in ideal) is
put to judgement and also the extend of suffering of the patient in cause of will be
defined. That judgement ought to happen honourable and rigourous!
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3. A Trias Politica for the medical sector
The constitunional ground law for a reliable medical healthcare is major to the
predeiscribed cult of silence based upon insurance technical grounds. Above the current
relevat kegislations have a wide spread existance over various books of legislation. Just
because in medical activities we are dealing with touching of the body/metal being (with
permission?) of the patient (and/or endorsee) a reliable installation installation of law is
needed. It would be better to form a Compelled Book of sevral legislations in the
following order of interest (incl WGBO etc.), which are related to the prescription and
evaluation of medical legislation, with a clear addressment to the original offspring of the
legislations. This will lead to more unequivocalness in the matter. Herein new major
legislations can be added, which for instance can give support to the rights and the
support of honest doctors (under common sense). Herein also a particular legislation can
excist, which is made to persecute just unwanted medical behaviour. Violation, damaging,
killing, taking away, implanting, and non-fullfilment etc, as they are written down in the
Criminal law, should receive a medical interpretation; we are dealing here in thát case
with serious forms of deformation of profession (being medical (experimental) abuse and
severe medical neglectance). Disciplinairy law should find his way about the evaluation
of medical activities eventually, but after the exclusion of severely punishable committed
facts, because sever deformation of profession inmy opinion indeed should be persecuted
with criminal law, because the disciplinairy law namely only knows a formal suspension
up to exclusion of profession. Only after a research for the various causes and a eventual
repair treatment towards the original it is possible to judge a medical activity on ots
integrety. As regards content honourable doctors and honest patients should be protected
better together specially in their rights, because obligations are many. We are not talking
of a kind of Oslo-syndroom , but just about defining better the rights for the doctor an
the patient/consumer, as well as the command for duties (punishment) in case of mutual
deliberate failing or violation.
Next to this a separate evaluatig judging force should excist for medical issues, wherein
also the Police should have a certain qualification in bringing up of a case. External
research regarding the judgement of medical activities should be as valauable as the
original written medical report. (I.E: When there is no resemblance analogue between the
origial medical treatment report and an external expertise regarding the medical status of
a patient wth a second opinion, then there is talk of of a seriuos violation of standard by
óne of the report creators.) In result of the devellopments of creating privatised market the
privat second opinion already excists in the medical sector, but the reports in spite of their
specialism of profession still can be neglected. In judging a casus openly and with mutual
understanding there would be done more and better justice to all parties. After being told,
Patients prevail an honest treatment above a financial interest. And also doctors often
choose that form of profession out of a certain ideal... Within the executing force to
activities, and the judgement of, as wellas the doctors as well as the patients should have
an equal right.
The right obtains at last a resonal understanding of mutual respect, also in the undescribed
form. The lack of a reasonable workout of it in medical legislation is as a disablement in
the execution of law. The right for repair-treatment in all reasonabillity should be put
above financial compensation. Financial compensation should be conscidered
pragmatically: what were avoidable mistakes; what does one need to function in society;
and to what extend there is a signoficant loss of quality in life caused by acts erroneously.
Healthcare should remain affordable afterall.
Retrospect
A doctor is no Godly curer, the patient also is no revenge-Devil, reasonability and
openness in mutual understanding should do a lot well. Right-minded people will assent
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4. this thesis. Inequalities in the judgment, with concealment of (medical) undesirability s, is
concerning a deliberate defamation of state wherein all should have an (equal) existence.
Next to the rights of the patient there also should be rights for the honourable doctor.
Medical injury of harm therefore should discussable openly, the financial interest is
mainly at the side of the liability insurer of the doctor; in spite of the assertion of a
financial interest of the patient. There is an insurance legislation for experimental
treatments, in other words the cult of silence is serving concealment only.
What we have to get rid of, are situation, where doctors can declare false medical
declarations and reports unpunished, which are even accepted because of their licence of
acceptance. All activities on the medical plane are done consciously. (I.E.: The tearing
open of a vain being dottered is an additional complication; every well thinking human
being understands that this is no mistake or a result of medical abuse. The inscision of a
separation wall in between the little brains, while this even was not the agreemenet, under
the suggestion of ignorance in the excistance of, and hitting so-called by surprise a vain,
which apparently is located there, is a suggested ignorance/circumstances beyond one s
control, wherein even was not mentioned which vain was hit and if that one was repaired.
(Encluded apparently there was performed also surgery in the neck, and there was plural
fraude commited with the material for report for concealment.) Because nearly nothing is
descibed, there is a minimal ground for persecution on disciplinairy grounds, because one
has to take it as read from a faulty medical report? (Even a medical student can point out
in name and anatomy the vene sinus rectus as in fact even the only excisting vain above in
that separationwall called falx cerebelli as well... and that person certainly isn t a
neurosurgeon yet. Taking an example for research and motivation...)
Next to the elaboration of an improoved legislation, the influence of it should not reacht
only in the relation between the doctor and the patient, but it should grant its functionality
also in society. Also examination doctors use the cult of silence to reintegrate (stands for
dupe) the patient back into society with neglectance of the medical status of the patient
after the occurance of medical injury of harm. The patient also receives a minimal support
following naturally etc. etc. The problematic nature around the medical legislation is
because of the continious flow of complaints becoming recognised by the government in
its excistance. Reason why a discussion is arising about necessary reformations within the
legislation regarding medical activities. Ther are some proposals for adaptations in the
legislation, but before those are token in conscideration... I point out to my writing dated
150608 (A letter to the medical redaction of Trouw. People and government write and
talk about it now in the year 2009, but the rights for the patients remain set back, for
deliberately vialations of medical law (for now) still will not be persecuted is stating the
minister of Justice (IRT Hirsch Ballin).
The legislation is constructed in service of the self responsable existance of the civillian
within society. Therefor I wanted to write a essay for the non-juridical grounded civillian
in that perspective, which is pointing out that common sense in freedom, equality and
fellowship is the origin of legislation; there right in reasonable sense should to be found
back in that legislation, and should be able to be constructed based upon common sense
(also regarding medical issues). There for in this writing I have chosen not to quotate
article of legislation as regards content, although they should point out my pleigh for
necessary improvements further. At the end: The European Legislation will also start to
demand certain improovements in medical legislation in time.
(Sources: juridical: Capita Strafrecht, WGBO, legislation experimental medical activities, European rights,
Dutch Constittuional law, and various reports regarding legislation. Sources medical; some medial studies
with MRI and basic material like anatomic atals Sesam and various declaring medical encyclopedias and
internet in relation to my own medical case. In favour of society honourable docotrs included)
(Enclosure TROUW 150608 is not translated, being just a confirmation of facts, but it can be translated on request)
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