Birth Injury Claim Tilburg
A birth injury claim in Tilburg offers parents and guardians the opportunity for compensation for injuries to a child during birth or shortly after. This includes physical limitations or permanent care needs due to care errors. Tilburg residents can file claims against local hospitals such as ETZ, doctors, or involved parties for material and non-material damages. This article covers the steps, rights, and local support through organizations like the Tilburg Legal Aid Office.
What is a birth injury claim in Tilburg about?
Birth injuries involve harm to babies from issues during pregnancy, childbirth, or postpartum care. A claim demands compensation for care costs, loss of income, and pain and suffering. Unlike traffic accidents, it must be proven that better care would have prevented the harm. This falls under personal injury law, requiring evidence of tort. Parents file on behalf of the child, who often faces lifelong effects. Experts report dozens of cases annually in the Tilburg region.
Legal basis for claims in Tilburg
The foundation is the Dutch Civil Code (DCC), with Article 6:162 DCC for tort and Article 7:750 DCC for proper medical treatment. The Medical Treatment Contracts Act (MTCA) requires informed consent and good record-keeping. Deviation from NVOG guidelines can constitute a fault. Causation is crucial: the fault must directly cause the damage. Hospitals are liable under Article 6:171 DCC. Limitation period: within five years of discovery (Article 3:310 DCC); for children, from age 18, but act quickly to preserve evidence. Tilburg cases go to the Zeeland-West-Brabant District Court in Breda.
Examples of birth injury claims around Tilburg
Example: At ETZ Hospital Tilburg, the midwife misses oxygen deprivation, leading to cerebral palsy (CP) in the baby. Parents claim against the insurer; investigation shows timely action would have prevented harm. Result: €500,000 for care, therapy, and loss of income.
Or: Inadequate prenatal checks at a Tilburg practice cause preterm birth and lung problems. A report confirms missed scans. Compensation covers pain and suffering plus parents' distress.
Claims take 1-3 years, with expert costs of €5,000-€10,000, often on a no-win-no-fee basis via lawyers.
Rights and obligations in a Tilburg birth injury claim
Your rights
- Compensation: Medical costs, adaptations, income loss, and pain and suffering (Articles 6:95-106 DCC).
- Medical records: Accessible under MTCA.
- Advice: Free at Tilburg Legal Aid Office or specialized agencies.
Your obligations
- Act promptly: Preserve documents and record details.
- Cooperate with investigations.
- Stay transparent to preserve claim strength.
Parents act as representatives until the child reaches adulthood.
Comparison of claim types
| Type of claim | Basis | Examples | Compensation potential |
|---|---|---|---|
| Medical error | Art. 7:750 DCC | Oxygen deprivation | High (lifelong care) |
| Product liability | Art. 6:185 DCC | Faulty medication | Low to medium |
| No fault (strict liability) | Art. 6:185a DCC | Inevitable complication | Limited |
Frequently asked questions
Can I claim if the injury did not occur during birth?
Yes, for prenatal or postpartum errors like infections. Proof via experts.
What if ETZ or a doctor denies liability?
Independent advisors review. Liability is acknowledged in 70% of cases after investigation, often via insurers.