Every working day, tens of thousands of commuters pass through Utrecht Centraal on their way to the UMC or a clinic in the city. When an operation there goes wrong due to a demonstrable error, recent case law shows that damages for pain and suffering often turn out 20 to 40 percent higher than for comparable injury from a traffic accident on the A27 or A12. The Hoge Raad has now confirmed this line again, with direct consequences for pending cases at the Rechtbank Midden-Nederland (Utrecht).
The case summarised briefly
A 54-year-old patient from Utrecht sustained permanent neurological complaints following an operation in which the surgeon deviated from the professional standard. The court initially awarded € 65,000, consistent with injury from a traffic accident. On appeal and in cassation the amount was set at € 92,500.
Three reasons for higher amounts
The Hoge Raad emphasises three aggravating elements that play a specific role in medical injury.
Breached relationship of trust
A patient voluntarily and vulnerably entrusts themselves to a physician. This carries greater weight than ordinary participation in traffic, where reliance is placed solely on the general duty of care.
Fear of care after the error
Many victims develop avoidance behaviour and secondary psychological complaints. This factor is now explicitly taken into account in the calculation of damages for pain and suffering.
Imbalance in knowledge and power
Faced with a professional hospital or clinic with its own lawyers, the patient is almost always in a weaker position. The court compensates for this structural disparity with a higher award.
Practical consequences for claims in 2026
Insurers are adjusting their reserves. Pending files at the Rechtbank Midden-Nederland (Utrecht) can be updated. The threshold for settlements is rising, as insurers prefer to avoid proceedings.
Expected guideline amounts as of 2026
| Injury after medical error | Indicative 2025 | Expected 2026 |
|---|---|---|
| Minor permanent impairment | € 8,000 | € 11,000 |
| Moderate impact on work | € 25,000 | € 33,000 |
| Severe disability | € 75,000 | € 95,000-110,000 |
| Complete incapacity for work | € 150,000 | € 190,000-225,000 |
What to do now in a pending case?
Three concrete steps:
- Ask your lawyer for a new calculation based on the recent line of the Hoge Raad
- Previously rejected settlement proposals often remain open for discussion for some time; have them updated
- A signed settlement agreement is final, unless mistake or fraud can be demonstrated
Interrupting limitation periods in good time
Anyone who only later discovers that an earlier treatment, for example at UMC Utrecht or a clinic on the Vredenburg, may have involved an error, has five years from that moment to act (article 3:310 BW). Send a registered letter holding the party liable in good time. Kantoor Arslan at Vredenburg 40, 3511 BD Utrecht (030 - 8200 200) can assist, as can the Juridisch Loket Utrecht.