Diane replies, “It’s great news.” According to her, everyone should be able to play sports, but this is not possible for Dianne without a tracksuit. She has a prosthesis for daily use, but it is not enough. “I can bike to the bakery with it, or walk a little, but the run is less than five metres.”
At first, the insurance company refused her application for such a sports prosthesis, because she already had an ordinary prosthetic attachment. The insurance company also noted that she participated in other sports that did not require a prosthesis. For this reason, the application was classified as “unnecessary and appropriate” and was rejected.
Choose your sport
I was told to go swimming. And Diane did not agree, because she felt that according to the right of self-determination she could decide for herself what sport she wanted to play. Even running. And so I got into a fight with the insurance company through a lawsuit.
Prosthetics will also be available in other ways, for example through the Disabled Sports Fund and a contribution from the Social Support Act. “But it was about principle,” Diane says. “I fought for the fact that the health insurance company should pay in the sense of a duty of care.”
“Basically, everyone should be able to exercise,” Diane continues. So does the judge. It ruled that the prosthesis to be operated “is an appropriate aid that meets the needs of her care”.
According to the judge, this assistance has also been shown to help Diane return to her life before the amputation, as exercise was an important part of her daily lifestyle. Therefore, the insurance company must reimburse the costs.
“It took a load off me,” Diane says. She had already tried a similar prosthesis before, but now she could finally fit a prosthesis herself. “But there is also an impulse to continue now. I hope that a path will now open up for other people as well. Not everyone can have the courage to enter such a fight, I am another year and a half to make it happen.” “To get.”
Mariejan de Jong of de Jong advocated Zwolle Dayan assisted in the case. “As far as we know, this is the first time that such a statement has been made,” he says. “And it’s very important, for others as well.”
He explains, “Every judge makes their own assessment of course, but the judges look at each other. If you have a similar case, you often come across the same considerations.” “Working on a healthy lifestyle is important according to the judge, and the right to self-determination is high. We also benefit from that in future and ongoing cases.”
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