An IT employee from one of the green residential neighbourhoods in Zoetermeer cycles daily along the dense cycle-path network to the station, transfers onto the A12 towards Den Haag and, after an operation in a clinic in Den Haag, discovers that his hands no longer function. Such cases illustrate why the Hoge Raad now awards structurally higher amounts.
Reasoning of the Hoge Raad
Three elements distinguish medical injury from injury caused by a traffic accident. The patient has placed himself in a vulnerable position by entrusting himself to a physician. That trust is breached. In addition, secondary harm often arises: fear of further treatment that further restricts daily functioning on the bicycle or at the desk. Finally, the patient faces a well-organised healthcare provider with its own lawyers. The Hoge Raad regards this as justification for a structural increase of 20 to 40 per cent.
Breach of the relationship of trust
The patient expressly entrusts himself to a professional. This differs fundamentally from participation in traffic.
Loss of confidence in the healthcare system
Victims develop avoidance behaviour that may also aggravate other health problems. Courts now take this explicitly into account.
Asymmetry in knowledge and power
The patient faces a professionalised party. This imbalance justifies higher compensation.
Expected pain and suffering damages (smartengeld) standards in 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 |
Impact on pending claims
Insurers are adjusting their offers. Pending cases may be reopened with a new calculation. Earlier settlement proposals often remain negotiable for several months. Only signed settlement agreements (vaststellingsovereenkomsten) are final, unless mistake (dwaling) or fraud (bedrog) is established.
Practical steps for a claim
Ask your lawyer for a revised calculation. Check old proposals for updating. In cases of late discovery of the error, a limitation period of five years applies from the moment of knowledge. Interrupt this period by registered letter.
Preventing prescription
Anyone who only now realises that an earlier treatment contained errors has five years. A registered notice of liability to the hospital or clinic suffices. Keep the evidence carefully.
Do you live in Zoetermeer and have a pending case? Contact the office at Argonstraat 26 or call 070 - 4500 300. The competent court is Rechtbank Den Haag. Juridisch Loket Zoetermeer can also provide initial advice.