Compensation for Non-Pecuniary Loss After Medical Errors: Specific Rules
In cases of medical errors, such as incorrect diagnoses or surgical mistakes, you may claim compensation for non-pecuniary loss based on Article 6:106 of the Dutch Civil Code (BW) and the Dutch Medical Treatment Agreement Act (WGBO). The error must be attributable to the healthcare provider and result in non-pecuniary damage.
Conditions for Compensation
- Medical causal link: Complaints must be a direct consequence of the error.
- Damage assessment: Expert opinion from a disciplinary tribunal or medical expert.
- Limitation period: Claim must be filed within 5 years of discovery.
Notable Cases
A missed breast cancer diagnosis led to €75,000 in compensation for non-pecuniary loss due to distress and delayed treatment. In birth trauma cases, children have been awarded up to €50,000. Insurers such as MediRisk assess claims; refusal may result in court proceedings.
Important: Report the error immediately to the healthcare provider for internal handling and potential mediation.