Pain and Suffering Compensation after Medical Errors in Rotterdam: Specific Rules
In Rotterdam, with top institutions such as Erasmus MC, medical errors such as incorrect diagnoses or surgical errors occur frequently. You can claim pain and suffering compensation 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 cause non-material damage, such as in treatments at Rotterdam hospitals.
Conditions for Compensation in Rotterdam
- Medical causal link: Complaints directly resulting from the error, confirmed by Rotterdam experts.
- Damage assessment: Expert opinion via the Regional Disciplinary Board in The Hague or independent medical experts from the Rijnmond region.
- Prescription period: Claim within 5 years after discovery of the error in Rotterdam.
Known Cases from Rotterdam
In a case at Erasmus MC, a missed breast cancer diagnosis led to €80,000 in pain and suffering compensation due to prolonged anxiety and delayed therapy. In birth trauma cases at Ikazia Hospital or Maasstad Hospital, amounts up to €55,000 are awarded. Insurers such as MediRisk or VGZ assess Rotterdam claims; if refused, you can litigate at the District Court of Rotterdam.
Important for Rotterdam residents: Report the error directly to the healthcare provider, such as via the complaints department of Erasmus MC, for internal handling, mediation via the Juridisch Loket Rotterdam or support from local patient associations.