Injuries due to medical errors

Claiming damages for personal injury caused by a medical error

When you visit a healthcare provider, social worker, or hospital, you generally hope to leave feeling healthier. Healthcare providers always want what's best for you, but unfortunately, things sometimes go wrong. Medical treatments can inherently carry risks for you as a patient. Besides medical risks, such as complications, a healthcare provider can also make a mistake. If a medical error is attributable to you, you may be entitled to compensation.

The personal injury lawyers at Hardt Advocaten offer expert legal support to help you explore your options and, where possible, claim compensation.

Legal support throughout the Netherlands

As your expert partner for personal injury claims, we serve victims nationwide. With offices in Amsterdam and Utrecht, we offer nationwide coverage and will visit you at home if necessary. Our experience in successfully claiming personal injury damages makes us a leading name in the industry.

Hardt Advocaten is proud to hold the National Personal Injury Quality Mark, a prestigious recognition that emphasizes our commitment to quality and professionalism. This quality mark, awarded by the Dutch Personal Injury Council (De Letselschade Raad), reinforces our reputation as a reliable and expert entity within the personal injury sector.

Hardt Advocaten was founded with the goal of supporting victims of personal injury and providing the best possible legal help. With our in house lawyers, we can assist you from start to end.

When is there a culpable medical error?

You can only claim damages for a medical error if it was a culpable medical error. But when exactly is a medical error considered culpable?

We speak of a culpable medical error if the treating physician has not acted in accordance with the medical guidelines and protocols applicable to him (also known as the medical professional standard).

A practitioner has a best efforts obligation, which requires the appropriate knowledge to be present when performing treatment. The physician must also adhere to the guidelines and protocols that apply to the treatment. A practitioner is not obligated to guarantee that treatment will proceed successfully. Therefore, it is often more difficult to claim damages for a medical error than, for example, damages from a traffic accident.

Complications

Every medical treatment carries the risk of complications. It's difficult to predict how the body will react to the procedure or treatment. For example, an unpredictable allergic reaction to a medication can occur, or a wound can suddenly become infected through no fault of its own. If the healthcare provider or treating physician has acted appropriately in the event of complications, they cannot be held liable for them.

This changes if the doctor fails to respond adequately to the complication, for example, if intervention is delayed, or if the complication could have been prevented if the doctor had acted as a reasonably competent and reasonable physician would have expected. In that case, a culpable medical error may have occurred, and the damages incurred can be claimed.

Examples of culpable medical errors

In the case of a culpable medical error you can think of:

• Providing false information
• Providing medications to which the patient has a known allergy
• Giving an incorrect diagnosis
• Failure to act promptly in the event of complications
• Operating on the wrong part of the body

Compensation for personal injury caused by a medical error

Your compensation for personal injury resulting from a medical error can consist of several components. You may be entitled to compensation for (medical) expenses and lost income, as well as for pain and suffering (non-pecuniary damages). There is no limit to the things you can receive compensation for. All adverse consequences and costs that you would not have incurred without the accident are eligible for compensation.

Examples include:

• Lost revenue
• Medical expenses
• Domestic help required as a result of the accident
• Loss of self-reliance (jobs in, on and around the house that can no longer be carried out independently after the accident and for which assistance must be hired, such as gardening or painting)
• Compensation for pain, sorrow or reduced enjoyment of life

This list is not exhaustive – so please contact our personal injury lawyers. They will work with you to identify your damages so you receive the compensation you're entitled to.

Your options

Once liability has been established, we must substantiate your damages. This is important for determining how much damage can be recovered. You can include all costs incurred as a result of the accident in your claim. All expenses you incur are eligible for compensation.

Have you suffered a personal injury and need support from an experienced personal injury lawyer? Then you've come to the right place at Hardt Advocaten. We believe in providing personalized and practical support. We're happy to pursue your personal injury claim.

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Hardt Advocaten: Expert legal assistance in cases of personal injury due to medical error

Personal and legal assistance in the event of personal injury due to a medical error

Hardt Advocaten offers more than just legal support; we also provide personalized guidance throughout the entire recovery process. Our approach is holistic, addressing both the physical and emotional impact of the accident. Our goal is not only to seek financial compensation but also to support your recovery and well-being.

Working together towards a new future

At Hardt Advocaten, we believe in building a new future together with our clients. Our team works closely with you to develop a recovery plan focused not only on the present but also on the long term. This includes establishing goals for physical and psychological recovery and finding ways to achieve them, in harmony with your life and ambitions.

The role of Hardt Advocaten in your recovery process

Every personal injury case begins with a story. Your experience deserves our full attention. Together, we'll map out the relevant events, taking into account the financial, physical, and emotional consequences of your injury.

At Hardt Advocaten, we are inspired and driven by our core values: Helpfulness, Attention, Results-Orientedness, Expertise, and Transparency (HARDT). Our mission is to help you move forward, toward a future where your well-being is paramount.

Our team is ready to help you!

Suffering personal injury? We'll help you get back on track. Contact us for a free consultation.

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I'm very pleased with Hardt's services after my motorcycle accident. I was kept informed throughout the entire process. Thanks to their dedication, I received the fair compensation I was entitled to, even though I didn't realize I was entitled to it. I recommend Hardt to anyone who needs help with personal injury cases.

Thanks again Team Hardt.