Imagine a forensic expert from Rijswijk-Zuid who, after a procedure at a regional hospital, suddenly suffers permanent nerve damage. Such situations increasingly lead to adjustments in pain and suffering damages (smartengeld). The Supreme Court (Hoge Raad) has confirmed the principle that victims of serious medical errors receive 20-40% more than in cases of comparable injury from other causes. This development, evident since 2020, directly affects ongoing proceedings against healthcare institutions.
Practical example: a procedure that went wrong
A 54-year-old patient from the region sustained neurological damage due to a deviation from professional standards during a procedure. The court initially awarded € 65,000 in pain and suffering damages (smartengeld), consistent with traffic-related injury. On appeal and cassation this increased to € 92,500. The case illustrates the new approach.
Reasons for higher amounts according to the Supreme Court (Hoge Raad)
Three factors carry greater weight in medical injury cases. First, the breach of the relationship of trust: patients place themselves in a vulnerable position with a professional. This differs fundamentally from participation in traffic on the A13 or A12.
Secondary psychological harm
Fear of further treatment and avoidance behaviour cause additional burden. Courts now explicitly take this into account in the calculation.
Knowledge and power imbalance
Patients face an organised healthcare party with legal support. This structural imbalance justifies higher compensation.
Practical impact on claims in 2026
Insurers are adjusting their offers. Ongoing cases before the Rechtbank Den Haag may be reviewed. The pain and suffering damages (smartengeld) guidelines now assign higher amounts to medical injuries. Settlement thresholds are rising, prompting parties to negotiate more vigorously at an earlier stage.
Expected guideline amounts for 2026
| 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 |
Steps in an ongoing procedure
Do you have a claim pending? Request a revised calculation from your lawyer. Earlier settlement proposals often remain open for discussion for 6-12 months. Signed settlement agreements are only revocable in cases of mistake or fraud.
Interrupting limitation periods in time
From the moment you become aware of a possible error, you have five years (article 3:310 BW). Send a registered letter holding the party liable. Clients from Rijswijk may contact the Arslan office at Generaal Spoorlaan 35, 2283 GA Rijswijk (070 - 4500 300) or the Juridisch Loket Den Haag.