Birth Injury Claim Amsterdam
A birth injury claim in Amsterdam is a legal action through which parents seek compensation for injuries sustained by a child during or shortly after birth. This often includes physical impairments or lifelong care needs resulting from errors in medical care. As a resident of Amsterdam, you can sue the hospital, obstetrician, or others via the Amsterdam District Court to recover costs and non-pecuniary damages. This article outlines the steps, rights, and tips specifically for Amsterdam residents.
What does a birth injury claim in Amsterdam entail?
Birth injury refers to harm to a baby caused by issues during pregnancy, childbirth, or postnatal care. The claim covers medical expenses, loss of income, and immaterial damages. Unlike traffic accidents, it requires proof of medical negligence: could better care in Amsterdam hospitals have prevented the injury?
Under personal injury law, an unlawful act must be demonstrated, with a direct link between the error and the injury. Parents act on behalf of the child, who may require lifelong care. Hundreds of cases are reported annually in Amsterdam and surrounding areas, as detailed in our birth injury article.
Legal basis for birth injury claims in Amsterdam
The claim is based on the Dutch Civil Code (DCC), particularly Article 6:162 DCC for unlawful acts. In medical cases, Article 7:750 DCC applies regarding the duty of care in the medical treatment agreement.
The Medical Treatment Contracts Act (WGBO) mandates informed consent and proper record-keeping. Deviation from NVOG guidelines by Amsterdam physicians may constitute an error. Proof of causation is essential: the injury must stem from the error, not unavoidable risks.
Against hospitals, Article 6:171 DCC (vicarious liability) applies. Limitation period: within five years of discovery (Article 3:310 DCC), for children from age 18, but start proceedings promptly at the Amsterdam District Court to secure evidence.
Real-world examples of claims in Amsterdam
Example: At OLVG Amsterdam, a midwife misses an oxygen deprivation, resulting in cerebral palsy (CP) in the baby. Parents claim against the hospital's insurer. Medical review shows timely intervention would have limited the damage, leading to a payout of €500,000 for care and rehabilitation.
Another case: Inadequate checks at Amsterdam UMC lead to preterm birth and lung issues. A report confirms negligence in ultrasound examination. Compensation follows for pain and suffering and parental distress.
Claims typically take 1-3 years, with expert fees of €5,000-€10,000, often on a no-win-no-fee basis through Amsterdam lawyers.
Rights and obligations in an Amsterdam claim
Your rights
- Compensation: Medical costs, adaptations, loss of income, and pain and suffering (Articles 6:95-106 DCC).
- Medical records: Accessible under the WGBO.
- Assistance: Free support via Juridisch Loket Amsterdam or specialized firms.
Your obligations
- Act immediately: Preserve documents and note details.
- Cooperate in investigations for the child.
- Remain transparent to strengthen the claim.
Parents manage as representatives until the child reaches adulthood.
Comparison of claim types
| Type of claim | Basis | Examples | Compensation potential |
|---|---|---|---|
| Medical error | Art. 7:750 DCC | Oxygen deprivation | High (lifelong care) |
| Product liability | Art. 6:185 DCC | Faulty medication | Low to medium |
| No fault (strict liability) | Art. 6:185a DCC | Unavoidable complication | Limited |
Frequently asked questions
Can I claim if the injury did not occur during birth?
Yes, for prenatal or postnatal errors such as infections. Experts at the Amsterdam District Court assess causation.
What if the Amsterdam hospital denies fault?
An independent advisor rules on it. In about 70% of cases, the insurer acknowledges liability after investigation.