Psychological Damage from Medical Error: Can You Claim Compensation?

A medical error not only has physical consequences. Many victims also suffer from psychological complaints, such as anxiety, insomnia, depression or even post-traumatic stress disorder (PTSD).
Psychological damage can drastically affect your daily life - sometimes even more seriously than the physical injury itself.

In this article you can read when psychological damage is eligible for compensation, how you can prove this and what steps you can take with the help of a specialized lawyer.

What is psychological damage in the event of a medical mistake?

Psychological damage is damage caused by the emotional or mental consequences of an event — in this case a medical error.
It concerns complaints such as:

• anxiety, panic or re-experiencing;

• stress or tension in medical situations;

• depressive feelings or loss of zest for life;

• concentration problems or sleep problems;

• loss of confidence in doctors or hospitals.

These complaints can lead to long-term limitations in work, relationships or social functioning.

When is psychological damage compensable?

Psychological damage is only eligible for compensation if there is a liable party and there is a causal link between the medical error and the psychological complaints.

This means that it must be demonstrated that:

1. The doctor or institution has made an error (acted carelessly or contrary to professional standards).

2. You have suffered mental injury as a result that is medically demonstrable.

Psychological damage can therefore be compensated if:

• the error has led to serious suffering or anxiety (for example after a failed operation or incorrect diagnosis);

• you witnessed a medical error with serious consequences (shock damage);

• you have lost a loved one due to medical failure (affection damage).

Read also:
👉 Loss of a chance of medical errors
👉 Penalties for medical errors

How is psychological damage determined?

Psychological damage must be assessed substantiated with medical or psychological reports.
This means that you do not only have to demonstrate that you feel bad, but that there is a recognized psychological injury.

Consider:

• a diagnosis by a psychiatrist or psychologist (such as PTSD, depression or anxiety disorder);

• reports of therapies or treatments;

• statements of your GP or medical specialist;

• any labor expert reports in the event of loss of work.

A lawyer, together with a medical advisor, can assess whether your complaints are sufficiently substantiated to be included in the claim for damages.

Read also:
👉 Causal connection in medical errors
👉 Compensation for medical liability

Which forms of psychological damage are eligible for compensation?

1. Psychological damage in the event of physical injury
   Most medical errors result in psychological damage in addition to physical injury.
   You can then claim both material and intangible claim compensation.

2. Shock damage
   This occurs when you experience a medical error up close and suffer psychological injury as a result.
   For example, if you see a family member die due to an error during an operation.

3. Affective damage
   Surviving relatives can receive compensation for the grief of a seriously injured or deceased loved one.

4. Independent psychological injury
   Compensation may also be possible without physical injuries, for example in the event of a misdiagnosis or traumatic experience during treatment.

How is the amount of compensation determined?

The amount of compensation for psychological damage depends on:

• the severity and duration of the psychological complaints;

• the influence on work, family and daily life functioning;

• the age of the victim;

• and the degree of recovery or permanent limitations.

In the case of serious, long-term complaints (such as PTSD or a permanent anxiety disorder), the compensation for damages can be considerable.
In addition, additional damage items can also be compensated, such as loss of income, therapy costs and travel expenses.

Evidence and file compilation: essential for success

A well-constructed file increases the chance of a successful claim for damages.
Important documents include:

• medical files from the treatment and from the psychologist or psychiatrist;

• correspondence with the healthcare institution or insurer;

• statements from relatives about behavioral changes;

• proof of lost income or extra costs.

Read also:
👉 The medical file: inspection, copy and correction
👉 Submit a complaint after a medical error

Why Arslan & Arslan Lawyers?

At Arslan & Arslan Advocaten we understand how serious the psychological consequences of a medical error can be.
Our lawyers specialize in medical liability and work closely with independent medical advisors and psychologists.

We ensure that:

• your complaints are taken seriously;

• your damage is fully and carefully calculated;

• and you receive free legal assistance (we recover the costs from the liable party).

Psychological damage after a medical error? We will help you

Are you experiencing psychological complaints after an error in the hospital, at the GP or in a private clinic?
Contact Arslan & Arslan Advocaten for a free assessment of your case.
We ensure that you receive the compensation you are entitled to — with attention to both your recovery and your future.