A seasonal worker from Naaldwijk sustained serious nerve damage at home following a routine procedure at a clinic in Den Haag. The Hoge Raad recently ruled that victims of attributable medical errors are to receive structurally 20 to 40 per cent more compensation for pain and suffering (smartengeld) than in cases of comparable injury arising from a traffic accident. This approach also directly affects Westland employees in horticulture.
Why Courts Attach Greater Weight to Medical Injuries
According to the Hoge Raad, medical injury differs fundamentally from other forms of injury in three respects. First, the relationship of trust with the healthcare provider is broken. Patients place themselves in a vulnerable position with a professional; this differs from a collision on the N211. Second, secondary fear of further treatment often arises, impeding recovery. Third, the patient faces a professionalised party with legal resources, which the court recognises as a structural imbalance of power.
Practical Example from a Westland Greenhouse
A 54-year-old employee at a greenhouse complex on the Verdilaan sustained permanent neurological complaints after an incorrect dosage of anaesthetic. The court initially awarded € 65,000. On appeal and in cassation this amount was increased to € 92,500. The case illustrates how the new approach operates in practice.
Consequences for Pending Proceedings in 2026
Insurers are adjusting their offers. Pending claims may be revised. The amounts in the Smartengeld Guide are rising for medical injuries. The threshold for settlements is higher, so parties more frequently reach a higher settlement to avoid proceedings before the Rechtbank Den Haag.
Expected Guideline Amounts 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 |
What You Can Do Now
Three concrete steps for anyone with an open case. Have your lawyer recalculate the smartengeld award. Request an update of earlier settlement proposals that have not yet been signed. In the case of already signed agreements, revision is possible only in the event of mistake or fraud.
Interrupting Limitation Periods in Good Time
Anyone who discovers only years later that a treatment was erroneous has five years from the moment of discovery (article 3:310 BW (Civil Code)). Send a registered letter holding the party liable. The Arslan office at Verdilaan 30 in Naaldwijk can assist and can also refer you to the Juridisch Loket Den Haag.