Suppose: after an operation at HagaZiekenhuis on the Els Borst-Eilersplein, a patient in Den Haag discovers that the surgeon omitted a crucial step. The result is permanent nerve damage. Such cases occur more frequently than assumed and now lead to substantially higher awards of pain and suffering damages (smartengeld).
Impact for Patients in Den Haag
The Hoge Raad has recently confirmed that victims of serious medical errors systematically receive 20 to 40 per cent more pain and suffering damages (smartengeld) than for comparable injuries arising from a traffic accident. This approach reinforces a trend visible since 2020 and directly affects ongoing proceedings against healthcare institutions and independent physicians in Den Haag.
An Example Case before the Rechtbank Den Haag
A 54-year-old woman from the Bezuidenhout district sustained irreversible neurological damage following an operation. The treating 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 hearing took place in the building on Prinses Beatrixlaan.
Reasons for Increased Pain and Suffering Damages (Smartengeld)
Three factors render medical injury more serious than ordinary injury. First, there is a breach of the relationship of trust: the patient places themselves in a vulnerable position in the hands of a professional. Second, secondary psychological harm, such as fear of further treatment, frequently arises. Third, a power imbalance exists between the individual patient and a professionalised opposing party with legal support. These elements justify higher compensation.
Expected 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 Claim in Den Haag
Anyone with an ongoing case can take immediate action. Have the personal injury lawyer prepare a new calculation. Earlier settlement proposals often remain open for discussion for several months. A signed settlement agreement is only revocable in cases of mistake or fraud.
Preventing Limitation
Anyone who only later discovers that an earlier treatment contained an error has five years from the moment of discovery to act. Interrupt the limitation period in good time by means of a registered letter. The Juridisch Loket Den Haag and the Arslan office in Den Haag can assist in this regard.