Birth Injury Claim Utrecht
A birth injury claim in Utrecht is a legal action through which parents seek compensation for injuries sustained by a child during childbirth or shortly before. This covers physical impairments or lifelong care needs, often resulting from errors in medical care. Parents in Utrecht can sue the hospital, gynecologist, or other involved parties for reimbursement of costs and suffering. This article outlines the steps, rights, and tips specifically for Utrecht residents, including references to the District Court of Utrecht.
What is a birth injury claim about in Utrecht?
Birth injuries involve physical or mental harm to a baby around the time of birth, during pregnancy, or shortly after. The claim seeks compensation for care costs, loss of income, and non-pecuniary damages. Unlike traffic accidents, it requires proof of medical negligence: could better care have prevented the injury? Under personal injury law, an unlawful act must be established. Parents act on behalf of the child, who often requires lifelong care. In the Utrecht region, with hospitals like UMC Utrecht, numerous cases arise each year.
Legal basis for birth injury claims in Utrecht
The foundation is the Dutch Civil Code (BW), particularly Article 6:162 BW for unlawful acts. In medical cases, Article 7:750 BW applies to the medical treatment agreement, which requires doctors to exercise due care. The Medical Treatment Contracts Act (WGBO) governs access to medical records and informed consent. Deviation from NVOG guidelines may constitute an error. Proof of causation is essential: the error must have directly caused the injury.
For hospitals, Article 6:171 BW establishes vicarious liability for staff. Limitation period: within five years of discovery (Article 3:310 BW), or from age 18 for children, but start proceedings promptly at the District Court of Utrecht to secure evidence. The Juridisch Loket Utrecht offers free initial advice.
Examples of birth injury claims around Utrecht
Example: In a Utrecht hospital, the midwife misses an oxygen deprivation, leading to cerebral palsy (CP) in the baby. Parents claim against the hospital's insurer. Medical review shows timely intervention would have prevented the injury, resulting in a payout of €500,000 for care and rehabilitation.
Another case: Inadequate prenatal checks cause preterm birth and lung issues. A report confirms missed ultrasounds. 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 Utrecht personal injury lawyers.
Rights and obligations in a Utrecht claim
Your rights
- Compensation: Medical costs, adaptations, loss of income, and pain and suffering (Articles 6:95-106 BW).
- Medical records: Accessible under the WGBO.
- Assistance: Free at Het Juridisch Loket Utrecht or specialized lawyers.
Your obligations
- Act promptly: Document everything and keep records.
- Cooperate in investigations for the child's benefit.
- 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 BW | Oxygen deprivation | High (lifelong care) |
| Product liability | Art. 6:185 BW | Faulty medication | Low to medium |
| No fault (strict liability) | Art. 6:185a BW | Inevitable 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 prove causation.
What if the hospital denies fault?
An independent assessor decides. In 70% of cases, liability is acknowledged after investigation, often via the insurer.