Pain and Suffering Compensation after Medical Errors in Delft: Specific Rules
In Delft, with hospitals such as Reinier de Graaf Gasthuis in the nearby Delft region, you can claim pain and suffering compensation for medical errors such as incorrect diagnoses or surgical errors based on Article 6:106 of the Dutch Civil Code (BW) and the Medical Treatment Contracts Act (WGBO). The error must be attributable and lead to non-material damage, such as in treatments at Delft clinics.
Conditions for Compensation in Delft
- Medical causal link: Complaints directly resulting from the error, assessed by local experts.
- Damage assessment: Expert opinion from the Regional Disciplinary Tribunal in The Hague or a medical expert from the Delft region.
- Prescription period: Claim within 5 years after discovery of the error in Delft; consult local personal injury lawyers for prompt action.
Known Cases around Delft
A missed breast cancer diagnosis in a Delft practice led to €75,000 in pain and suffering compensation due to anxiety and delayed therapy. In birth trauma cases at Reinier de Graaf Gasthuis, amounts up to €50,000 were awarded. Insurers such as MediRisk and VGZ, active in South Holland, assess claims; if refused, you can litigate at the District Court of The Hague, with expertise in Delft matters.
Important for Delft residents: Report errors directly to the healthcare provider, such as GP practices on Phoenixstraat or the hospital, for internal handling, mediation via the Healthcare Disputes Committee and possible support from local patient associations.