A cyclist collides on the narrow crossing at the Breestraat in Leiden, sustains serious injuries at the LUMC and later discovers that a surgical error has permanently aggravated the damage. Since the recent judgment of the Hoge Raad, such cases result in 20-40% higher non-pecuniary damages (smartengeld) than for comparable injuries arising from an ordinary traffic accident. The ruling continues a line that has been visible since 2020 and directly affects ongoing proceedings against hospitals and independent physicians.
What was at issue in the recent case?
A 54-year-old woman was left with permanent neurological complaints after surgery. The surgeon deviated from the professional standard. The court initially awarded € 65,000. On appeal and in cassation the amount was increased to € 92,500. The Hoge Raad held that medical errors structurally carry greater weight.
Why medical injuries carry greater weight
Three factors are relevant. First, the relationship of trust between patient and physician has been breached. Patients surrender themselves in a vulnerable state to a professional. This differs fundamentally from a traffic accident. Second, secondary psychological harm often arises: fear of further treatment and avoidance behaviour that aggravates other complaints. Third, a clear imbalance of power exists. The patient faces a professionalised party with its own legal staff. Courts now explicitly compensate for this imbalance.
Practical consequences for ongoing claims
Insurers are adjusting their settlement offers. Ongoing files at the Rechtbank Den Haag can be updated. The threshold for amicable settlements is rising. Patients who previously rejected an offer can often still receive a revised proposal within six to twelve months. Signed settlement agreements (vaststellingsovereenkomsten), however, remain binding unless mistake (dwaling) or fraud (bedrog) is established.
Adjusted guideline amounts from 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 |
| Complete incapacity for work | € 150,000 | € 190,000-225,000 |
Steps in an ongoing procedure in Leiden
Three concrete actions are helpful. Ask your personal injury lawyer for a fresh calculation based on the Hoge Raad approach. Check whether a previously rejected settlement offer can still be updated. Important: a signed agreement cannot be reopened except in cases of mistake or fraud.
Preventing limitation
Anyone who only later realises that an earlier treatment at the LUMC or elsewhere involved an error has five years from the moment of knowledge (article 3:310 BW) to act. Interrupt the limitation period in good time by means of a registered notice of liability. The Juridisch Loket Leiden or the office at Stationsweg 26 can provide initial assistance.