Birth injury can occur during pregnancy or childbirth due to medical negligence. Parents in Zoetermeer can demand compensation on behalf of their child for errors by healthcare providers.
Types of Birth Injury
- Oxygen deprivation during delivery (asphyxia)
- Injury from assistive devices such as forceps or vacuum pump
- Nerve damage (e.g., brachial plexus injury)
- Missed abnormalities during pregnancy
- Incorrect medication administered to the mother
When is there Medical Negligence?
A medical error at birth may include, among others:
- Delayed intervention with a cesarean section
- Failure to recognize or misinterpreting CTG signals
- Incorrect use of delivery instruments
- No referral in a high-risk pregnancy
- Missing 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 damage from childbirth |
| Both parents | Emotional damage and additional costs |
Important Details
- The child has until 5 years after reaching majority (age 23) to file a claim themselves
- Claims for birth injury are often high due to lifelong impact
- Multiple experts must investigate the case
- Procedures are generally long and complex
Wrongful Birth in Zoetermeer
Wrongful birth concerns a claim where parents were not given the opportunity to terminate a pregnancy due to undetected abnormalities. This is legally a complex matter, especially in the Zoetermeer region where cases are often handled by the District Court of The Hague.
How much time do we have to file a claim on behalf of our child?
The limitation period starts when the child turns 18, with an additional 5 years to claim themselves. As a parent, you can take action earlier on behalf of your child.What is the possible amount of a birth injury claim?
Claims for birth injury are among the highest in personal injury cases, often amounting to millions of euros due to costs for lifelong care, home adaptations, and loss of earning capacity.Who bears the costs of a legal procedure?
In successful claims, costs such as lawyer and medical advice fees are often reimbursed by the opposing party. Many lawyers in Zoetermeer work on a 'no win, no fee' basis.Frequently Asked Questions about Birth Injury in Zoetermeer
How do I determine if a medical error was made at birth?
This is determined through independent medical investigation. It is assessed whether care was provided according to standards. Indicators include delayed cesarean section or missed abnormalities on ultrasounds. A lawyer in Zoetermeer can assist with investigation by specialists.
What are the first steps if birth injury is suspected?
Gather all relevant medical documents and engage a personal injury lawyer in Zoetermeer. They will assess the case and arrange an expert report if necessary. Prompt action is crucial due to limitation periods.
Can parents also claim damages alongside the child?
Yes, the child can claim for injury and future costs. The mother can file her own damage claim, and both parents can claim emotional and care-related costs. A lawyer helps with an overview of all claims.
What is the duration of a birth injury procedure?
Such cases often take 2 to 5 years due to complexity, expert investigations, and negotiations. The District Court of The Hague, which handles cases from Zoetermeer, often plays a role.
What does 'wrongful birth' mean and when is it applicable?
This is a claim if an abnormality was not detected, depriving parents of a choice regarding the pregnancy. It is a complex legal process, often handled in the Hague region.
For legal support in Zoetermeer, you can contact the Zoetermeer Legal Desk for initial advice.