Birth injury can occur during pregnancy or childbirth due to a medical error. Parents in Rijswijk can demand compensation on behalf of their child at the District Court of The Hague.
Types of Birth Injury
- Oxygen deprivation during delivery (asphyxia)
- Injury from instruments such as forceps or vacuum pump
- Nerve damage (e.g., brachial plexus injury)
- Undetected abnormalities during pregnancy
- Incorrect medication administered to the pregnant woman
When is There a Medical Error?
A medical error during birth may include, among others:
- Delayed decision to perform a cesarean section
- Ignoring or misreading CTG results
- Incorrect use of delivery instruments
- No referral in a high-risk pregnancy
- Missing abnormalities during an ultrasound
Who Can File a Claim?
In cases of birth injury, various parties can file a claim:
| Claimant | Type of Damage |
|---|---|
| The child (via parents) | Bodily injury and future damage |
| The mother | Personal injury from the delivery |
| Both parents | Emotional damage and additional care costs |
Important Details
- A child can file a claim up to 5 years after reaching majority (until age 23)
- Claims for birth injury are often substantial due to lifelong consequences
- Multiple experts must investigate the case
- The legal procedure can be lengthy and complex
Wrongful Birth in Rijswijk
Wrongful birth concerns a claim where parents were not given the opportunity to terminate the pregnancy due to an undiagnosed abnormality. This is a legally complex matter requiring specialized assistance, for example via the Juridisch Loket Rijswijk.
How much time do we have to file a claim on behalf of our child?
The limitation period starts when the child turns 18. The child then has an additional 5 years to file a claim itself. However, parents can take action earlier on behalf of their child.What is the possible amount of a birth injury claim?
Claims for birth injury are among the highest in personal injury cases, sometimes amounting to millions of euros. This is due to costs for lifelong care, home adaptations, and loss of future income.Who bears the costs of a legal procedure?
In successful claims, out-of-court costs (such as lawyers and medical advice) are often reimbursed by the liable party. Many lawyers in Rijswijk work on a 'no win, no fee' basis.Frequently Asked Questions about Birth Injury in Rijswijk
How can I determine if a medical error was made during the birth?An independent medical investigation by experts determines whether a healthcare provider acted according to standards. Possible indicators include delayed cesarean sections, incorrect use of aids, or missed signals on ultrasounds or CTGs. A personal injury lawyer in Rijswijk can guide this process. What are the first steps if birth injury is suspected?
Gather all relevant medical documents (pregnancy, delivery, and aftercare). Contact an experienced personal injury lawyer in the Rijswijk area for an initial assessment and possible expert investigation. Prompt action is crucial due to limitation periods. Can parents also file a claim in addition to the child?
Yes, both the child and the parents are entitled to compensation. The child for injury and future costs, the mother for her own damage from the delivery, and both parents for emotional impact and care costs. A lawyer helps map all claims. What is the average duration of a birth injury case?
Due to complexity, a case can take 2 to 5 years. This depends on expert reports, negotiations with insurers, and whether a settlement is possible or the District Court of The Hague must rule. What does 'wrongful birth' mean and when is it applicable?
This concerns a claim if an abnormality was not discovered during pregnancy, depriving parents of the choice to continue. It is a complex legal process requiring specialist assistance. ### Arslan & Arslan Advocaten **Arslan & Arslan Advocaten** provides professional legal guidance and support for your legal matters. - Website: [www.arslan.nl](https://arslan.nl) - Email: [info@arslan.nl](mailto:info@arslan.nl) - Free initial consultation