Pain and Suffering Compensation after Medical Errors in Amsterdam: Specific Rules
In Amsterdam, with top hospitals such as OLVG and Amsterdam UMC, medical errors such as incorrect diagnoses or surgical errors occur regularly. You can claim pain and suffering compensation on the basis of Article 6:106 of the Dutch Civil Code (BW) and the Medical Treatment Contracts Act (WGBO). The error must be attributable and lead to non-material damage, such as prolonged anxiety or pain.
Conditions for Compensation in Amsterdam
- Medical causal link: Complaints must directly result from the error, confirmed by Amsterdam specialists.
- Damage assessment: Expert opinion from the Regional Disciplinary Board in Amsterdam or an independent medical expert.
- Prescription period: Claim within 5 years after discovery of the error; start promptly with local lawyers in the city.
Known Cases from Amsterdam
In a case at OLVG, a missed breast cancer diagnosis led to €80,000 in pain and suffering compensation due to severe anxiety and delayed therapy. In birth trauma cases at Amsterdam UMC, amounts up to €55,000 were awarded. Insurers such as MediRisk and VGZ, prominent in North Holland, assess claims; if refused, you can litigate at the Amsterdam District Court.
Important for Amsterdammers: Report the error directly to the healthcare provider or hospital for internal handling. Consider free advice at the Amsterdam Legal Aid Office or mediation via the Healthcare Disputes Committee in the region.