A 48-year-old crane operator from the Waalhaven ended up in Erasmus MC with serious injuries after a fall on the quay. The operation did not proceed as planned: the surgeon deviated from the professional standard and left permanent neurological damage. The Rechtbank Rotterdam initially awarded € 65,000, but the Hoge Raad ultimately increased this to € 92,500.
What was at issue in court
Three elements make medical injury more serious than injury resulting from a collision on the A15 or A20. First, there is a breached relationship of trust: the patient places himself in a vulnerable state in the hands of a specialist. Second, secondary fear of any new treatment often arises, which impedes recovery. Third, the injured party faces a professional organisation with its own lawyers, which disturbs the balance.
Reasons behind the increase
The Hoge Raad regards these factors as structural. A traffic accident usually arises from momentary inattention. In the case of a medical error, by contrast, there is a conscious relationship of dependence. This asymmetry justifies higher compensation, also in 2026.
Practical consequences for pending claims
Insurers are adjusting their offers. Pending files at the Rechtbank Rotterdam may be reopened. Victims who previously rejected an offer may still request an update six to twelve months later. A signed settlement agreement (vaststellingsovereenkomst), however, remains inviolable unless mistake (dwaling) or fraud (bedrog) is proven.
Expected amounts from 2026 onwards
| Type of injury after medical error | Indicative 2025 | Expected 2026 |
|---|---|---|
| Minor permanent functional impairment | € 8,000 | € 11,000 |
| Moderate impairment of earning capacity | € 25,000 | € 33,000 |
| Severe permanent disability | € 75,000 | € 95,000-110,000 |
| Total incapacity for work | € 150,000 | € 190,000-225,000 |
Actions for victims in the region
Anyone with a pending case should ask their lawyer for a new calculation. Patients who only later discover that an earlier treatment was erroneous have five years from the moment of discovery (article 3:310 BW). Interrupt the limitation period with a registered letter. The Arslan office at Wilhelminaplein 100, 3072 AK Rotterdam can assist and works with the Rechtbank Rotterdam.