Birth injury can occur during pregnancy or childbirth due to a medical error. Parents in Utrecht can file a damage claim on behalf of their child if negligence is suspected.
Types of Birth Injury
- Oxygen deprivation during delivery (asphyxia)
- Injury from instruments such as forceps or vacuum pump
- Nerve damage (e.g., brachial plexus)
- Unnoticed abnormalities during pregnancy
- Incorrect medication administered to the pregnant woman
When is There a Medical Error?
A medical error during delivery can include, among others:
- Delayed decision for a cesarean section
- Overlooking or misinterpreting CTG signals
- Incorrect use of delivery instruments
- No referral in a high-risk pregnancy
- Missing abnormalities during an ultrasound
Who Can File a Claim?
In cases of birth injury, various parties are entitled to file a claim:
| Claimant | Type of Damage |
|---|---|
| The child (via parents) | Personal injury and future damage |
| The mother | Personal damage from the delivery |
| Both parents | Emotional damage and extra care costs |
Important Details
- A child can file a claim itself up to 5 years after reaching majority (up to age 23)
- Claims for birth injury are often high due to lifelong impact
- Multiple experts must investigate the case
- Procedures are generally long and complex
Wrongful Birth in Utrecht
Wrongful birth refers to a claim where parents were not given the opportunity to terminate a pregnancy due to an undetected abnormality. This is legally a complex matter.
How much time do we have to file a claim on behalf of our child?
The statute of limitations starts when the child turns 18. The child then has another 5 years to file a claim itself. Parents can take action on behalf of the child earlier.What is the possible amount of a birth injury claim?
Claims for birth injury are among the highest in personal injury cases, sometimes amounting to millions of euros. This is due to costs for lifelong care, home adaptations, and loss of future income.Who bears the costs of a legal procedure?
In successful claims, out-of-court costs (such as lawyer fees and medical advice) are often reimbursed by the liable party. Many lawyers in Utrecht work on a 'no cure, no pay' basis.Frequently Asked Questions about Birth Injury in Utrecht
How can I determine if a medical error was made during the birth?
An independent medical investigation by experts determines whether care was provided according to standards. Indicators include delayed cesarean section, incorrect use of instruments, or missed abnormalities on ultrasounds. A lawyer in Utrecht can guide this process.
What are the first steps if birth injury is suspected?
Gather all relevant medical documents (pregnancy, delivery, aftercare) and contact a personal injury lawyer in Utrecht. Prompt action is essential to preserve evidence and prevent statute of limitations.
Can parents also claim damages in addition to the child?
Yes, both the child and the parents can file claims. The child for injury and future damage, the mother for her own damage, and both parents for emotional impact and care costs.
How long does a birth injury case take?
Due to complexity, a case can take 2 to 5 years. This depends on expert reports, negotiations, and whether a settlement is possible or a court ruling is needed.
What is wrongful birth and when is a claim possible?
Wrongful birth concerns a claim if an abnormality was not detected, preventing parents from making an informed choice about the pregnancy. This is legally challenging and requires specialist assistance.
Relevant Institutions in Utrecht:
District Court Midden-Nederland, Vrouwe Justitiaplein 1
Juridisch Loket Utrecht, Catharijnesingel 55