Note: hospital not liable for damages due to PIP implants

26-10-2018

In Jurisprudentie Aansprakelijkheid (JA) 2018/139, Petra klein Gunnewiek wrote a footnote to the ruling of the District Court in Gelderland of 14 May 2018. This partial dispute procedure concerned the question of whether a hospital can be held liable for damage incurred by a patient who had been given breast implants of the French brand Poly Implant Proth├Ęse (PIP) in 2000. The patient is of the opinion that, in 2000, the hospital used unsuitable auxiliary equipment within the meaning of Section 6:77 of the Netherlands Civil Code and was, for that reason, liable for the damage incurred by her. The partial dispute court did not agree with the patient.

Although PIP implants can be considered unsuitable auxiliary equipment, this cannot be attributed to the hospital. The patient's request was denied.

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