Imagine: an international employee from the Zuidas undergoes a procedure in an Amsterdam hospital and subsequently discovers that a simple act of negligence has permanently impaired her mobility. Such cases now result in clearly higher compensation.
A recent Amsterdam case
A 54-year-old patient suffered severe neurological damage after an operation in which the surgeon deviated from the professional standard. The Rechtbank Amsterdam initially awarded € 65,000, comparable to injury sustained in a traffic accident. On appeal and in cassation this amount rose to € 92,500. The case illustrates the new approach that has been evident since 2020.
Why the Supreme Court awards higher amounts
Three factors carry greater weight in medical injury than in other accidents.
Breach of the relationship of trust
The patient places herself in a vulnerable position with a healthcare provider. This differs fundamentally from participation in busy bicycle traffic around the Parnassusweg.
Secondary psychological harm
Fear of further treatment and avoidance behaviour are now explicitly taken into account in the calculation, resulting in higher awards.
Asymmetry of knowledge and power
Facing a professional healthcare institution with legal support, the patient is in a weak position. The court compensates for this structural imbalance.
Practical consequences in practice
Insurers are adjusting their offers, the Smartengeldgids (Non-Pecuniary Damages Guide) is being revised and settlements are becoming more expensive. Pending cases before the Rechtbank Amsterdam may be reopened.
Guidelines for non-pecuniary damages (smartengeld) in 2026
| Type of injury after medical error | Indicative 2025 | Expected 2026 |
|---|---|---|
| Minor permanent functional impairment | € 8,000 | € 11,000 |
| Moderate impairment of earning capacity | € 25,000 | € 33,000 |
| Severe permanent disability | € 75,000 | € 95,000-110,000 |
| Complete incapacity for work | € 150,000 | € 190,000-225,000 |
Steps for victims in Amsterdam
Do you have a pending claim? Ask your lawyer for a new calculation. Earlier offers often remain open for discussion for several months. Visit the Juridisch Loket Amsterdam or call at our office at Parnassusweg 220, 1076 AV Amsterdam. Call 070 - 4500 300 for an initial consultation.
Preventing prescription
Five years after discovery of the error you may still take action. Send a registered notice of liability in good time to interrupt the limitation period.