Birth Injury Claim Rotterdam
A birth injury claim in Rotterdam is a legal action through which parents seek compensation for injuries sustained by a child during or around childbirth. This covers physical impairments or lifelong care needs, often resulting from care errors. Rotterdam parents can litigate against hospitals such as Erasmus MC, doctors, or others for material and immaterial damages. Start at the Juridisch Loket Rotterdam for free advice. This article outlines the steps, rights, and local tips.
What is a birth injury claim about in Rotterdam?
Birth injury involves physical or mental harm to a baby during pregnancy, childbirth, or shortly after. The claim seeks reimbursement for care costs, loss of income, and pain and suffering. Unlike traffic accidents, it concerns medical causes: could better care in a Rotterdam hospital have prevented it? Under personal injury law, unlawful act must be proven, with the healthcare provider's fault as the direct cause. Parents claim on behalf of the child, who often requires lifelong care. Experts note that this occurs more frequently in the Rotterdam region than you might think.
Legal basis for a birth injury claim
The foundation is in the Dutch Civil Code (DCC), with Article 6:162 DCC for unlawful act: attributable faults must be compensated. In healthcare, Article 7:750 DCC governs the medical treatment agreement, requiring expert care. The Medical Treatment Contracts Act (WGBO) regulates access to records and informed consent. Deviation from NVOG guidelines may constitute a fault. Prove causation: the fault directly led to the injury. Against hospitals, Article 6:171 DCC applies (vicarious liability). Limitation period: within 5 years of discovery (Article 3:310 DCC); for children from age 18, but start promptly at Rechtbank Rotterdam to secure evidence.
Examples of claims in Rotterdam
Example: At Erasmus MC, oxygen deprivation in a baby is missed, resulting in cerebral palsy (CP) and motor impairments. Parents claim against the insurer. Investigation shows timely action could have prevented it. Compensation: €500,000 for care, therapy, and income.
Or: Inadequate checks at a Rotterdam practice lead to preterm birth and lung issues. Expert report confirms missed scans. Outcome: pain and suffering damages and compensation for parental distress.
Claims typically take 1-3 years, with expert costs €5,000-€10,000, often on a no-win-no-fee basis through specialized lawyers.
Rights and obligations in a claim
Your rights
- Compensation: Medical expenses, adaptations, lost income, and pain and suffering (Articles 6:95-106 DCC).
- Medical records: Accessible under the WGBO.
- Support: Free initial help from Juridisch Loket Rotterdam or personal injury experts.
Your obligations
- Act promptly: Document everything and keep records.
- Cooperate with investigations.
- Remain transparent to maintain claim strength.
Parents act as representatives; the child retains rights until adulthood. Gemeente Rotterdam sometimes provides additional support for children needing care.
Overview of claim types
| Type | Legal Basis | Example | Potential |
|---|---|---|---|
| Medical negligence | Art. 7:750 DCC | Oxygen deprivation | High (lifelong) |
| Product defect | Art. 6:185 DCC | Wrong medication | Medium |
| Strict liability | Art. 6:185a DCC | Unexpected 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. Prove via experts at Rechtbank Rotterdam.
What if the hospital denies liability?
An independent advisor rules. In 70% of cases, liability is acknowledged after investigation, often via the insurer.