Liability after nerve damage - Legal aid

Questioner

During my birth I suffered nerve damage to my right arm due to the attending physician. I am now almost 21 years old and would like to know if I can still hold the physician liable for this?

Lawyer

The current legislation, which has been in effect since 2004, stipulates that a claim that arose when someone was a minor only expires 5 years after someone reached the age of majority (23). However, this regulation does not apply retroactively. The old regulation applies in your case. Under this regulation, the claim for compensation for personal injury can expire during the victim's minority. If the parents or legal representatives, for reasons that motivate them, fail to institute an action for damages within 5 years after the damage occurred and became known and the claim is brought against the liable person thus expires, the child only has the option to hold his parents or legal representative liable because they have not properly looked after the legal interests of the child. However, that is quite a big step. I have done that for someone once. That was done in good consultation with the parents who were well insured.