Non-Material Damages after Medical Errors in Utrecht: Local Rules and Tips
In Utrecht, with major hospitals such as UMC Utrecht and Diakonessenhuis, medical errors such as incorrect diagnoses or surgical errors occur regularly. You can claim non-material damages 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 Utrecht
- Medical causal link: Complaints must directly result from the error, confirmed by Utrecht medical experts.
- Damage assessment: Expert opinion from the Regional Disciplinary Tribunal in The Hague or a local medical advisor.
- Prescription period: Claim within 5 years after discovery of the error; start promptly with Utrecht personal injury lawyers.
Known Cases from Utrecht
In a case at UMC Utrecht, a missed breast cancer diagnosis led to €80,000 in non-material damages due to severe anxiety and delayed therapy. In birth trauma cases in Utrecht clinics, amounts reach up to €55,000 for children. Insurers such as MediRisk and VGZ, prominent in Utrecht, assess claims; if refused, you can litigate at the District Court of Midden-Nederland in Utrecht.
Important for Utrecht residents: Report the error directly to the healthcare provider or hospital for internal handling. Local patient organizations such as those of UMC Utrecht offer mediation and support. Consult specialized law firms in the Domstad for a free intake.