Best Birth Injury Lawyers in Ommen

About Birth Injury Law in Ommen, Netherlands

Birth injury is a term for harm to a mother or baby that happens during pregnancy, labor, delivery, or shortly after birth. In Ommen and the rest of the Netherlands, most births are safe and well managed by midwives and hospital teams. Sometimes, however, preventable mistakes occur. When care falls below professional standards and causes harm, this can lead to a medical liability claim.

Under Dutch law, medical treatment is a treatment agreement between patient and provider. Hospitals, midwives, obstetricians, and other professionals must deliver care that meets professional and organizational standards. If an avoidable error causes injury such as oxygen deprivation, brachial plexus injury, skull or nerve damage, severe maternal bleeding, or delayed diagnosis of complications, the family may be entitled to compensation for losses and support costs.

Ommen is served by regional hospitals and midwifery practices in Overijssel. Although legal rules are national, the local pathway often starts with a complaint to the care provider, followed by an assessment by an independent disputes committee or an insurer, and only then a civil claim before the court if needed.

Why You May Need a Lawyer

You may need a lawyer when you believe a preventable error occurred during pregnancy or birth that resulted in serious injury to your child or to the mother. A lawyer helps distinguish between a known medical complication and negligent care, and can guide you through complaints and claims.

Legal help is often useful when you face complex medical records and conflicting explanations, when an insurer denies liability or offers a low settlement, when lifelong care or special education costs are at stake, when deadlines and evidence rules are unclear, or when you need an independent medical expert to assess causation and standards of care.

Lawyers also advise on practical issues such as obtaining records, preserving evidence, interrupting limitation periods, arranging interim payments for urgent needs, and coordinating with benefits or insurance so that a settlement does not accidentally reduce public support.

Local Laws Overview

Patient rights and medical liability are mainly governed by the Dutch Civil Code and health care laws. Key points include the right to informed consent, clear information, and access to your medical records. Providers must keep adequate records and maintain them for a long period, generally at least 20 years after the last treatment entry. Parents with parental authority can usually access their child’s records.

Quality and complaints in health care are governed by rules that require providers to have a complaints officer and an independent disputes committee. You can start with a complaint to the provider. If unresolved, an independent committee can review the case and may award compensation within its scope. You may also submit a disciplinary complaint about a registered professional to a regional disciplinary board. These routes do not prevent you from bringing a civil claim for damages in court.

Liability can arise when a provider breaches the treatment agreement or commits a wrongful act that causes harm. Dutch law requires proving fault, causation, and damage. Courts often rely on independent medical experts to assess whether standards were breached and whether that likely caused the injury. Specialized causation doctrines sometimes apply in medical cases, but each case is fact sensitive.

Compensation aims to put you in the position you would have been in without the error. Recoverable losses may include medical and therapy costs, assistive devices, home adjustments, travel costs, loss of income by parents due to caregiving, professional care and household help, and immaterial damages for pain and suffering. The Netherlands does not award punitive damages, and pain and suffering amounts are moderate compared to some other countries.

Time limits apply. In many personal injury cases, a five year period runs from the time you knew about the damage and the liable party, with a long stop period that can bar old claims. Rules for minors and for complex medical injuries can be different or suspended. Because limitation rules are technical, get legal advice early and consider sending a written notice to interrupt prescription if needed.

If a claim proceeds to court, the local court for Ommen area cases is part of the Overijssel district. Litigation costs are partly recoverable on a fixed scale, which usually does not cover all legal fees. Many cases settle after expert review and negotiations with the provider’s liability insurer.

Frequently Asked Questions

What counts as a birth injury versus a known complication

A birth injury is harm that results from care that fell below professional standards and that likely caused the damage. A known complication can happen even with good care. The difference is assessed against professional guidelines and the clinical situation. Independent expert review is often required to determine whether the outcome was avoidable.

Who can be held responsible for a birth injury

Depending on the facts, responsibility can rest with the hospital, the obstetrician, the midwife, or another professional involved. Hospitals are usually liable for employed staff and for certain independent practitioners working under their responsibility. In a home birth, an independent midwife can be liable if care fell below standards.

How do I get my medical records

You have the right to view and obtain copies of your and your child’s medical records. Send a written request to the provider’s records department. Identify yourself, your child, and the time period. Parents with parental authority can request a child’s records. Keep copies of all correspondence.

What damages can be recovered in a birth injury claim

Recoverable losses may include past and future medical and therapy costs, aids and equipment, transport costs, housing adaptations, professional nursing and household help, loss of income by caregivers, educational support costs, and immaterial damages for pain and suffering. In serious cases, interim payments can sometimes be arranged while liability is investigated.

How long do I have to make a claim

Limitation periods apply. Generally, personal injury claims must be brought within a certain number of years after you become aware of the injury and the responsible party, with an overall time limit that can bar older claims. For injuries to children and in medical cases, special or suspended deadlines can apply. Because these rules are complex, seek legal advice promptly and consider interrupting limitation in writing to safeguard your rights.

Do I have to file a complaint before suing

No, but it is common and often helpful to start with the provider’s complaints process. It may provide explanations, access to internal reviews, and sometimes a solution. You can also use an independent disputes committee or disciplinary route. These paths can run alongside or before a civil claim, and sometimes help clarify facts and narrow issues.

Will a legal claim affect my ongoing care

You remain entitled to safe and respectful care. Providers must not withhold treatment because you raised a complaint or claim. If you are worried about the therapeutic relationship, you can request a transfer within the region. A lawyer can help communicate with providers and insurers in a professional way.

How are cases proven

Proof usually combines medical records, witness statements, clinical guidelines, and expert opinions. The court or the parties may appoint an independent medical expert to assess standard of care and causation. Good documentation of the pregnancy and birth timeline, symptoms, and subsequent treatments is very important.

How much does a lawyer cost

Fee models vary. Pure contingency fees are generally not allowed for lawyers in the Netherlands. Some success related fees may be possible within strict rules. Many families have legal expenses insurance that may cover advice and litigation. If your income and assets are within limits, you may qualify for government funded legal aid. In court, only part of legal fees is typically recoverable from the other side.

What about wrongful birth or missed prenatal screening

If negligent advice or testing led to missing a serious condition that would have altered reproductive choices, parents may have a claim for wrongful birth related costs. The law and case law in this area are nuanced and evolving, especially regarding which costs are recoverable. Get tailored advice from a specialist.

Additional Resources

The Health and Youth Care Inspectorate oversees healthcare quality and investigates serious incidents reported by providers. You can notify the inspectorate in serious safety situations.

The BIG register lists regulated healthcare professionals and allows you to check a practitioner’s registration and disciplinary measures.

The provider’s complaints officer can help you file and process a complaint, facilitate mediation, and explain your options under the healthcare complaints law.

Independent healthcare disputes committees review patient complaints and can issue binding decisions and compensation within their jurisdiction. General practitioners and first line care have dedicated complaint and dispute bodies.

Regional Disciplinary Boards for Healthcare hear complaints about professional conduct of BIG registered practitioners. Outcomes can include warnings, suspensions, or other measures.

Perinatal audit and statistics organizations collect data on pregnancy and birth outcomes. Their materials can help you understand standards and pathways of care in the Netherlands.

Support organizations for parents of children with disabilities can offer practical guidance about care, education, and benefits. Victim support services can provide emotional and administrative help during a claim.

The District Court of Overijssel handles civil cases for the Ommen region. Medical liability insurers for hospitals and midwives are often key counterparts in negotiations and settlements.

Next Steps

Write down a clear timeline of pregnancy, labor, delivery, and the hours and days after birth. Include names of professionals, times of key events, and symptoms. Keep copies of all letters and emails. Save receipts and invoices for costs related to the injury.

Request complete medical records for mother and child as soon as possible, including maternity care notes, CTG tracings, partograms, medication records, neonatal charts, imaging, lab results, and any incident reports or internal evaluations if available.

Ask the provider’s complaints officer for an explanatory meeting. A respectful meeting can clarify facts and identify next steps. Consider submitting a formal complaint if issues remain.

Contact a lawyer who specializes in medical negligence and birth injury. Early advice helps protect deadlines, identify evidence, and decide whether to pursue a complaints route, a disputes committee, a disciplinary complaint, a civil claim, or a combination.

Discuss funding options such as legal expenses insurance, government funded legal aid eligibility, and fee arrangements. Ask about the likely need for an independent medical expert and the expected timeline.

If limitation may be approaching, ask your lawyer about sending a written notice to interrupt prescription. This can protect your claim while investigation continues.

If liability appears strong and urgent needs exist, explore the possibility of an interim payment from the insurer to cover immediate care and support costs while the final claim is being quantified.

Throughout the process, focus on the child’s and family’s support needs. A good legal strategy runs alongside securing medical, therapeutic, educational, and social services that improve outcomes now and in the future.