Birth injury occurs during pregnancy or childbirth and can result from a medical error. Parents can then claim compensation on behalf of their child.
Types of birth injury
- Oxygen deprivation during delivery (asphyxia)
- Injury from instruments such as forceps or vacuum pump
- Nerve damage (e.g., brachial plexus)
- Undetected abnormalities during pregnancy
- Incorrect medication administered to the mother
When is there a medical error?
A medical error during delivery can include, among others:
- Delayed performance of a caesarean section
- Overlooking or misinterpreting CTG signals
- Incorrect application of delivery instruments
- No referral in a high-risk pregnancy
- Failure to recognize abnormalities during an ultrasound
Who can file a claim?
In cases of birth injury, various parties are entitled to file a claim:
| Claimant | Type of damage |
|---|---|
| The child (via parents) | Personal injury and future damage |
| The mother | Personal injury from the delivery |
| Both parents | Shock damage and extra care costs |
Important details
- The child has until 5 years after reaching majority (thus until age 23) to file a claim themselves
- Claims for birth injury are often high due to lifelong consequences
- Multiple experts must investigate the case
- The legal procedure can be long and complex
What is wrongful birth?
Wrongful birth concerns a specific situation where parents file a claim because they did not have the opportunity to terminate the pregnancy due to an undetected abnormality. This is legally a complex matter.
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 another 5 years to file a claim themselves. As parents, you can take action earlier on behalf of your child.What is the amount of a damage claim for birth injury?
Claims for birth injury often rank among the highest in personal injury cases, sometimes amounting to millions of euros. This is due to costs for lifelong care, home adaptations, and lost future income.Who bears the costs of a legal procedure?
In successful claims, the out-of-court costs (such as lawyer fees and medical advice) are often reimbursed by the liable party. Many lawyers work on a 'no cure, no pay' basis.Legal support in Leiden
For legal assistance in Leiden, you can go to the Juridisch Loket Leiden, located at Stationsweg 46. In addition, the District Court of The Hague, Leiden location, handles cases involving birth injury and medical errors.
Frequently asked questions about birth injury
How can I determine if a medical error was made during the birth?
This is investigated by an independent medical expert. It is examined whether the healthcare provider acted according to the standards. Possible indications are a delayed caesarean section, incorrect use of instruments, or undetected abnormalities on an ultrasound. A personal injury lawyer can guide this process.
What should I do if I think birth injury resulted from an error?
First, gather all relevant medical documents (from pregnancy to aftercare). Then contact a lawyer specialized in birth injury. They can make an initial assessment and start a medical investigation. Quick action is essential due to limitation periods.
Can parents also claim compensation, or only the child?
Both the child and the parents can file claims. The child for injury and future damage, the mother for her own damage from the delivery, and both parents for shock damage or extra care costs. A lawyer helps map out all damage.
How long does a birth injury case typically take?
Such cases are complex and can take 2 to 5 years. This depends on cooperation with the opposing party, the complexity of medical issues, and whether a settlement is possible or a judge must rule.
What does 'wrongful birth' entail and when is it applicable?
This is a claim by parents if an abnormality in the child was not detected in time, so they had no choice about continuing the pregnancy. This is a legally challenging topic.