Birth injury can occur during pregnancy or childbirth due to medical errors. Parents in Westland can file a claim on behalf of their child for compensation.
Types of Birth Injury
- Oxygen deprivation during delivery (asphyxia)
- Injury from instruments such as forceps or vacuum pump
- Nerve damage (e.g., brachial plexus)
- Missed abnormalities during pregnancy
- Incorrect medication administered to the pregnant woman
When is it a Medical Error?
A medical error at birth may include, among others:
- Delayed decision to perform a caesarean section
- Ignoring or misinterpreting CTG signals
- 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 are entitled to file claims:
| Claimant | Type of Damage |
|---|---|
| The child (via parents) | Personal injury, future damage |
| The mother | Damage from the delivery itself |
| Both parents | Emotional damage, extra care costs |
Important Details
- A child can file a claim itself up to 5 years after reaching majority (i.e., until age 23)
- Claims for birth injury are often high due to lifelong consequences
- Multiple specialists must investigate the case
- Procedures are generally time-consuming and complex
What is Wrongful Birth?
Wrongful birth concerns a claim where parents assert that they could have terminated the pregnancy if an abnormality had been detected in time. This type of case is legally challenging.
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. Parents can take action earlier on behalf of their child.What is the amount of a birth injury claim?
Claims for birth injury are among the highest in personal injury cases, often amounting to millions of euros. This is due to costs for lifelong care, home adaptations, and loss of future earnings.Who bears the costs of a legal procedure?
In successful claims, out-of-court costs (such as lawyer fees and medical advice) are often reimbursed by the liable party. Many lawyers work on a 'no win, no fee' basis.Frequently Asked Questions about Birth Injury in Westland
How can I determine if a medical error was made at birth?
This is determined by an independent investigation by medical experts. They assess whether the healthcare provider acted according to standards. Possible indicators include delayed caesarean sections, incorrect use of instruments, or missed signals on a CTG or ultrasound. A lawyer in Westland can guide this process.
What should I do if I suspect birth injury due to an error?
First, gather all relevant medical records from the pregnancy and delivery. Then, contact a personal injury lawyer in Westland with experience in birth injury. They can make an initial assessment and initiate an expert investigation. Prompt action is important due to limitation periods.
Can parents also claim damages in addition to the child?
Yes, both the child and the parents have the right to claims. The child for injury and future damage, the mother for her own damage from the delivery, and both parents for emotional impact and extra care costs. A lawyer helps map out all damages.
What is the average duration of a birth injury procedure?
These cases often take 2 to 5 years due to complexity, required investigations, and negotiations with insurers. The exact duration depends on the cooperation of the opposing party and whether a settlement is possible.
What does 'wrongful birth' entail and when is it applicable?
This is a claim where parents assert that they could have terminated the pregnancy if an abnormality had been detected earlier. This type of case requires specialist legal assistance in Westland.
For legal support, you can contact the Juridisch Loket Westland or a specialised lawyer via the Rechtbank Den Haag (district).