Birth Injury Claim in Delft
A birth injury claim in Delft is a legal action by which parents or guardians from the region seek compensation for injuries to a child during childbirth or shortly thereafter. This may involve physical limitations or permanent care needs, often due to errors in medical care. Residents of Delft can file a claim against the hospital such as Reinier de Graaf Ziekenhuis, the doctor, or other parties for reimbursement of material and immaterial damages. This article highlights the steps, rights, and local resources, including the Juridisch Loket Delft.
What does a birth injury claim in Delft entail?
Birth injury encompasses physical or mental injuries to a baby during pregnancy, childbirth, or the first days thereafter. The claim seeks compensation for costs such as treatments, loss of income, and pain and suffering. Unlike traffic accidents, this requires proof of medical negligence: could better care have prevented the injury? In Delft and surrounding areas, under the jurisdiction of the Rechtbank Den Haag, this falls under personal injury law with a focus on unlawful act. Parents file the claim on behalf of the child, who may require lifelong care. According to experts, this occurs more frequently in regions like Delft than often assumed.
Legal basis for birth injury claims in Delft
The foundation lies in the Dutch Civil Code (BW), particularly Article 6:162 BW for unlawful act, which mandates compensation for attributable faults. In medical cases, Article 7:750 BW applies to the medical treatment agreement, requiring expert care. The Medical Treatment Contracts Act (WGBO) regulates access to medical records and informed consent.
Deviation from NVOG guidelines can constitute a fault. Proof of causation is essential: the fault must have directly caused the injury. For hospital claims, Article 6:171 BW (vicarious liability) applies. Limitation period: within five years after discovery (Article 3:310 BW), for children from age 18, but start promptly via the Juridisch Loket Delft to secure evidence.
Practical examples of claims in the Delft region
Example: During a delivery at Reinier de Graaf Ziekenhuis in Delft, oxygen deprivation in the baby is detected too late by the midwife. The child develops cerebral palsy (CP) with permanent motor problems. Parents claim against the hospital's insurer. Medical review shows timely action would have limited the damage, resulting in €500,000 for care, therapy, and loss of income.
Another case: Insufficient checks during pregnancy lead to preterm birth and lung problems. A claim for negligent prenatal care is supported by expert opinions on missed ultrasounds. Outcome: pain and suffering compensation and redress for parental distress. Procedures take 1-3 years, with expert costs of €5,000-€10,000, often no-win-no-fee via local lawyers.
Rights and obligations in a claim in Delft
Your rights as a Delft resident
- Compensation: Medical expenses, adaptations, loss of income, and pain and suffering (Articles 6:95-106 BW).
- Medical records: Requestable under WGBO.
- Assistance: Free advice at Juridisch Loket Delft or specialized lawyers.
Your obligations
- Act immediately: Preserve documents and note details.
- Cooperate with investigations for the child and yourself.
- Remain transparent to strengthen the claim.
Parents manage as representatives; the Municipality of Delft provides additional care support.
Comparison of claim types in Delft
| Type of claim | Basis | Examples in Delft region | Compensation potential |
|---|---|---|---|
| Medical error | Art. 7:750 BW | Oxygen deprivation in local hospital | High (lifelong care) |
| Product liability | Art. 6:185 BW | Faulty medication during pregnancy | Low to medium |
| No fault (strict liability) | Art. 6:185a BW | Unexpected complication | Limited |
Frequently asked questions about claims in Delft
Can I claim if the injury did not occur during childbirth?
Yes, for prenatal or postnatal care errors such as infections. Proof via experts, supported by Rechtbank Den Haag.
What if the hospital denies fault?
An independent advisor rules. In about 70% of cases, liability is acknowledged after investigation, often via the insurer. Start at Juridisch Loket Delft.