Birth Injury Claim in Rijswijk

Birth Injury Claim in Rijswijk

A birth injury claim gives parents and guardians in Rijswijk the opportunity to seek compensation for injuries sustained by a child during birth or shortly before. This covers physical impairments or lifelong care needs, often resulting from errors in medical care. Rijswijk residents can file claims against hospitals or doctors for material and immaterial damages. This article outlines the steps, rights, and local support through organizations like Juridisch Loket Rijswijk.

What is a birth injury claim about in Rijswijk?

Birth injury involves physical or mental harm to babies during pregnancy, birth, or the first days afterward. The claim seeks compensation for costs such as treatments, loss of income, and pain and suffering. Unlike traffic accidents, it requires proof of medical negligence: could better care have prevented the injury? Under personal injury law, an unlawful act must be demonstrated. Parents act on behalf of the child, who often requires lifelong care. In the Netherlands, including Rijswijk, thousands of cases are reported annually, as detailed in our birth injury article.

Legal basis for claims in Rijswijk

Claims are based on the Dutch Civil Code (DCC), particularly Article 6:162 DCC for unlawful acts, requiring compensation for attributable faults. In medical cases, Article 7:750 DCC applies to the medical treatment agreement, setting standards for professional care. The Medical Treatment Contracts Act (WGBO) governs consent and records. Deviation from NVOG guidelines may constitute fault. Proof of causation is essential: the fault must be directly linked to the injury.

For hospitals, Article 6:171 DCC (vicarious liability) applies. Limitation period: within five years of discovery (Article 3:310 DCC); for children from age 18, but start promptly at the District Court of Rijswijk to secure evidence.

Examples of birth injury claims around Rijswijk

Example: During a delivery at a regional hospital near Rijswijk, the midwife misses an oxygen deprivation, resulting in cerebral palsy (CP) in the child. Parents claim through the hospital's insurer. Medical review shows timely intervention could have prevented it. Outcome: €500,000 for care, therapy, and loss of income.

Or: Inadequate checks during pregnancy lead to preterm birth and lung issues. Claim focuses on prenatal negligence. Expert report confirms missed scans. Compensation: pain and suffering plus redress for parents' distress.

Procedures take 1-3 years, with expert fees €5,000-€10,000, often on a no-win-no-fee basis through lawyers.

Rights and obligations in a claim in Rijswijk

Your rights

• Compensation: Medical costs, adaptations, income loss, and pain and suffering (Articles 6:95-106 DCC).
• Medical records: Accessible under the WGBO.
• Assistance: Free help from Juridisch Loket Rijswijk or specialized firms.

Your obligations

1. Act promptly: Document everything and keep records.
2. Cooperate with investigations for yourself and the child.
3. Remain transparent to strengthen the claim.

Parents manage as representatives; the child retains rights until adulthood. The Municipality of Rijswijk can also provide help with local care arrangements.

Overview of claim types

Type	Legal Basis	Examples	Potential
Medical error	Art. 7:750 DCC	Oxygen deprivation	High (lifelong)
Product defect	Art. 6:185 DCC	Faulty medication	Medium
Strict liability	Art. 6:185a DCC	Unavoidable	Limited

FAQs for Rijswijk

Can I claim if the injury did not occur during birth?

Yes, for prenatal or postnatal errors like infections. Prove via experts at the District Court of Rijswijk.

What if the hospital denies liability?

An independent advisor rules. In 70% of cases, liability is acknowledged after review, often via the insurer. Start at Juridisch Loket Rijswijk.