Key Benefits:
Law of damages by patient damage mv. (The patient tax law). |
| Date | LOL-2001--06-15 -53 |
| Ministry of | Health and custody ministry |
| Last modified | LO-2015 -12-18-121 from 01.01.2016 |
| Published | In 2001 booklet 7 |
| Istrontrecation | 1:01.2003, 01.01.2009 |
| Changing | |
| Announcement | |
| Card title | The patient tax law-passl. |
Jf. former midl. rules of 1 jan 1988 for arrangement with patient damages, jf. The Section 21.
This law applies to injuries that are volt
| a) | in institution under the specialist health care service and the municipal health and caregival service. |
| b) | during ambulance transport, or |
| c) | of health personnel who provide health assistance in accordance with public authority or license, persons acting on behalf of these, persons who have the right to exercise profession as health personnel temporarily in Norway without Norwegian authority, license or specialist approval or other people who are determined in regulation. |
Such injuries count as patient injuries if they are caused under guidance, examination, diagnosis, expedition of drugs from pharmacy, care, vaccination, sampling, analysis of samples, X-ray, prevention of health damage, medical subject business as well as donation of organs, blood and tissue.
The king can in regulation decide what to count as an institution under the municipal health and care service.
| 0 | Modified by laws 9 May 2008 # 33 (ikr. 1 nov 2008 ifg res. 17 oct 2008 No. 1 1125), 24 June 2011 # 30 (ikr. 1 apr 2014 ifg. res. 21 March 2014 # 305), 21 March 2014 No. 7 (ikr. 1 apr 2014 ifg. res. 21 March 2014 # 306). |
The patient and others who have suffered losses due to patient damage, have demands for damages when the damage is due
| a) | failure on the performance of health care, although no one can be loaded, |
| b) | technical failure of apparatus, tool, or other equipment used on the performance of health assistance, |
| c) | contagion or infection, when this is not essentially caused by the patient's condition or disease, |
| d) | vaccination, or |
| e) | conditions that involve responsibility for health and care service or health care personnel after common replacement rules. |
It shall be taken into account whether the claims of the claims with the equitable may run to the business or service at the damage time, are unseated. Insufficient resources should not be subject to liability if resource distribution has been justifiable and business in general, in general, holds a defensible standard.
While there is no basis for replacement liability after the first and other clause, the exception can be used when a patient injury has been particularly large or particularly unexpected, and that cannot be considered to be the readings of a risk that The patient must accept. It shall be placed emphasis on whether it has been given adequate information in advance.
The king may decide that replacement claims in accordance with conventions that Norway are committed to shall be treated as claims by this law.
| 0 | Modified by law 24 June 2011 # 30 (ikr. 1 jan 2012 ifg. res. 16 des 2011 # 1252). |
If the cause of an injury to a patient cannot be brought on the clean, and the damage is likely to be caused by external influence on a patient during the treatment, it should normally be assumed that the damage is due to failure or failure on the performance of health care.
By replacement as a result of damage after recommended or on-bid vaccinations by law 5. August 1994 No. 55 about protection against infectious diseases, the court applies to damages after Section 2 first clause letter d unless the responsible allowance is more likely to be more likely to be.
Part Article SECTION 4. Other replacement rulesFor the taputtreading, the skundites complicity mv. applies to law 13. June 1969 No. 1 26 about damage-state and common replacement legal rules. Replacement (vindication) for damage of non-economic species after damage-state law Section 3-5 and loss under 10,000 kroner are still not replaced after the law here.
Damage that falls under the coverage area of law 16. June 1989 No. 65 about occupational insurance Section 10 cannot be required to be replaced after the law here.
The law is not to the hurdle for claims to be made current to other than Norwegian Patient damages. Requirements that can be enhancing after the law here can still be no stranger to the state, regional health enterprises, health enterprises, county comps and municipashments. Regress can only be required against the one that itself has caused the damage intentional or who has neglected to pay supplements after Section 8.
| 0 | Changed by law 29 June 2007 # 78 (ikr. 1 jan 2009 ifg res. 31 oct 2008 No. 1 1611), 18 des 2015 # 121 (ikr. 1 jan 2016). |
Requirements for this law foreage after law 18. May 1979 No. 18 about the statute of consumer changes. The parent is canceled by that the claim is reported after Section 9. Such message does not cancel the statute of the statute of claims against others than Norwegian Patient damages.
| 0 | Modified by law 29 June 2007 # 78 (ikr. 1 jan 2009 ifg res. 31 oct 2008 No. 1 1611). |
Norwegian Patient damages are responsible for damage that can be required to be replaced after the law here.
The king organizes and determines closer regulations on Norwegian Patient damages.
| 0 | Modified by law 29 June 2007 # 78 (ikr. 1 jan 2009 ifg res. 31 oct 2008 No. 1 1611). |
The king can in regulation determine that the pest charge should pay a self-share in those cases where it is attributed to damages.
| 0 | Added by law 29 June 2007 # 78 (ikr. 1 jan 2009 ifg res. 31 oct 2008 No. 1 1611). |
The state, regional health enterprises, county comunities and counties are providing supplements to Norwegian Patient damages to cover damages for patient damage caused by the public health and care service, as well as contributions to the operation in accordance with regulation given by King.
To the public health and caregishment, the business is considered to be the business of the state, the regional health enterprises, the health enterprises, the county comps, or municipality. The same goes for business that is driven on missions of or with operating-style shots from some of these. The king can in regulation presiding what is to be considered to the public health and care service, herunder make exceptions from the first and second period.
| 0 | Modified by laws 26 sep 2003 # 95 (ikr. 1 jan 2004 ifg. res. 19 des 2003 # 1645), 29 June 2007 # 78 (ikr. 1 jan 2009 ifg res. 31 oct 2008 No. 1 1611), 24 June 2011 # 30 (ikr. 1 jan 2012 ifg. res. 16 des 2011 # 1252). |
The one that outside the public health and care service provides health care assistance as mentioned in Section 1, shall report and grant supplements to Norwegian Patient damages to cover damages for patient damage caused outside the public health and care service as well as contributions to the operation
Specifically, the provisions of the report and to-gun duty, whether registration of the messages and whether the grant arrangement is determined by the King in regulation, herunder can be determined exemptions from duty after the first clause.
The one who fails to fulfill the duty of reporting from or the duty of paying supplements to Norwegian Patient damages is punishable by fines or imprisonment until 3 months. The same applies to the one that in the message provides the wrong information so that it is paid for low supplements. The impact is not punishable.
| 0 | Modified by laws 26 sep 2003 # 95 (ikr. 1 jan 2004 ifg. res. 19 des 2003 # 1645), 29 June 2007 # 78 (ikr. 1 jan 2009 ifg res. 31 oct 2008 No. 1 1611), 24 June 2011 # 30 (ikr. 1 jan 2012 ifg. res. 16 des 2011 # 1252), 19 June 2015 # 65 (ikr. 1 oct 2015). |
The king may in regulation determine that service providers or closer to designated groups of service providers may or should draw insurance to coverage of the responsibility of the law here instead of that Norwegian Patient damages are responsible.
The regulation may have closer regulations about among other things :
| a) | requirements of the insurance donor and insurance terms, |
| b) | approval of insurance donors and insurance terms, |
| c) | The possibility of disclaimer in the insurance and coverage and distribution of the loss if insurance duties are not overheld or insurance is showing insufficient, herunder that the loss shall be covered by the approved insurance donors in communities, |
| d) | duty of insurance donors to contribute to coverage of the Patient Board's operating expenses, |
| e) | The abduction of or decrease in the to-gun match after Section 7 and the abduction of the report-and-to-gun fire alike after Section 8, |
| f) | who will process claims for damages, |
| g) | the setting of requirements and case management, herding about the decision of replacement requirements and payout compensation, |
| h) | coverage of law spending, |
| in) | The possibility of the requesters of the Patient Medical Board to take over the treatment of a case that has not been finable when it has been two years from the claim was reported, |
| j) | clashing and court trial, |
| k) | who is responsible for transition between Norwegian Patient claims liability and insurance coverage and between insurance donors, and |
| l) | regress. |
The abstaining of the insurance divide determined in co-hold of the first clause is punishable by fines or imprisonment until 3 months. The impact is not punishable.
| 0 | Added by law 29 June 2007 # 78 (ikr. 1 jan 2009 ifg res. 31 oct 2008 No. 1 1611), modified by law 19 June 2015 # 65 (ikr. 1 oct 2015). |
The requirement for damages for patient damage is reported in writing to Norwegian Patient damages damages. Norwegian Patient damages can in the shonest case allow the claims of compensation to be reported oral. The progress of the claim of health personnel or health institution shall be reported to be further reported to Norwegian Patient damages.
| 0 | Modified by laws 26 sep 2003 # 95 (ikr. 1 jan 2004 ifg. res. 19 des 2003 # 1645), 29 June 2007 # 78 (ikr. 1 jan 2009 ifg res. 31 oct 2008 No. 1 1611). |
Norwegian Patient damages the issue of the case.
The provisions do not make exceptions from statutory secrecy.
Norwegian Patient damages may require evidence of evidence after the court law Section 43 other joints.
| 0 | Modified by laws 26 sep 2003 # 95 (ikr. 1 jan 2004 ifg. res. 19 des 2003 # 1645), 29 June 2007 # 78 (ikr. 1 jan 2009 ifg res. 31 oct 2008 No. 1 1611). |
The patient's expenditures to the lawyer's help are covered if the one that outlay the case has hit the ordinance if it, or the expenses must be counted as a loss as a result of the damage. The patient may require predecision from the person who is investigating the case of which law fees will be covered.
The king can in regulation give rules that imply limitations in relation to the determination in the first period of first period, herduring that public salary rates are to be used.
The lawyer may not require or receive any further resettlement of the patient for the part of the case where the expenses are covered after the paragrafen here.
| 0 | Modified by laws 26 sep 2003 # 95 (ikr. 1 jan 2004 ifg. res. 19 des 2003 # 1645), 29 June 2007 # 78 (ikr. 1 jan 2009 ifg res. 31 oct 2008 No. 1 1611) but the change lifted again by law 19 des 2008 number 108 (ikr. 1 apr 2009 ifg. res. 27 March 2009 # 356), 19 des 2008 No. 1 108 (ikr. 1 apr 2009 ifg. res. 27 March 2009 # 356). |
When Norwegian Patient damages has the settlement case, it hits the ordinance for damages to be totes and about the replacement's size. The betting shall be justified and subdirection shall be given the parties in accordance with the management of the Management Act. It shall be disclosed that the ordinance can be clawn in for the Patient Damage Board within three weeks.
| 0 | Modified by laws 26 sep 2003 # 95 (ikr. 1 jan 2004 ifg. res. 19 des 2003 # 1645), 29 June 2007 # 78 (ikr. 1 jan 2009 ifg res. 31 oct 2008 No. 1 1611). |
Replacement is payable as soon as possible after the case is settled. Subpayments should happen as soon as it is clear that parts of the claim are undisputed or so for other reasons are undoubtful.
Whether the interest rate applies to the rules of law 17. December 1976 # 100 on interest at delayed payment m.
| 0 | Endres at law 18 des 2015 No. 1 124 (ikr. from the time the King decides). |
The Prevalence Act and public law legislation applies to the business of Norwegian Patient Medicare damages. As an individual ordinance, the decision is deemed to be totes, the decision of the state's size, decision of the share payment as well as decision on law assistance after Section 11.
| 0 | Modified by law 19 May 2006 # 16 (ikr. 1 jan 2009 ifg res. 17 oct 2008 No. 1 1118). |
Single-pass as mentioned in Section 14 different period can be scratched to the Patient Damage Board of the person demanding damages after the law here. The complaint deadline is three weeks.
When a case has not been finable and two years have passed after the claim was reported, the Patient Board of the request can be obtained by the request from the person demanding damages, to stop taking over the treatment of the case.
Other individual ordinance after this law than those mentioned in the first clause can be accrual to the ministry unless the King establishes a different claviet organ.
The King may in regulation provide general regulations on the Patient Commission's assessment of the request by other clause and about the fee of complaint mv. after this determination.
| 0 | Modified by laws 26 sep 2003 # 95 (ikr. 1 jan 2004 ifg. res. 19 des 2003 # 1645), 29 June 2007 # 78 (ikr. 1 jan 2009 ifg res. 31 oct 2008 No. 1 1611). |
The Ministry of Justice brings up the leader, deputy leader and members with the commodity members of the Patient Safety Board. The leader is going to have legal civil rights degree or master's degree in court sciences. The function time is three years.
The patient health care system is placed in the individual case as the main rule of three members.
The patient's executive committee can determine that the Board of the individual case should be set with five members when the level of difficulty makes it necessary.
When the Patient Information Board is set with three members, it shall be led by a member who has legal civil rights degree or master's degree in judicial sciences. One member is supposed to be user representative and one member should as a primary rule be medically savvy.
When the Patient Medical Board is set with five members, it shall be led by a member who has the legal civil rights exam or master of judicial sciences. One member shall be the user representative. Nemnda is set as well with three members who are medical-savvy or have legal civil rights degree or master's degree in judicial sciences.
The Patient Commission's leader determines the joint statement of the Board of the Board in the individual case.
The patient's executive committee can determine that the secretariat can hit decisions on behalf of the Board of the Board.
The king can give regulation on the Board of the Board of the Board and business.
The expenditure of the Patient Medical Board's business is covered in accordance with the regulation given by the King.
| 0 | Modified by laws 26 sep 2003 # 95 (ikr. 1 jan 2004 ifg. res. 19 des 2003 # 1645), 29 June 2007 # 78 (ikr. 1 jan 2009 ifg res. 31 oct 2008 No. 1 1611), 19 des 2008 No. 1 108 (ikr. 1 apr 2009 ifg. res. 27 March 2009 # 356), 18 des 2015 # 121 (ikr. 1 jan 2016). |
The patient's Board of the Patient is hitting the ordinance with the average majority. Both the multicentury and the minority views are to be refounded.
The case management rules of Norwegian Patient damages in Chapter 3 apply accordingly to the Patient Damage Board. The Prevalence Act Section 11 d if muneration conferences with the case worker apply accordingly.
The National Brageorgan for the health service is the secretariat of the Board of the Board of the Board of the Board and prepares the Board of the Board.
Nemnda's decisions are placed in the works by Norwegian Patient damages in the same way as Norwegian Patient Damage Replace's own decisions.
| 0 | Modified by laws 26 sep 2003 # 95 (ikr. 1 jan 2004 ifg. res. 19 des 2003 # 1645), 29 June 2007 # 78 (ikr. 1 jan 2009 ifg res. 31 oct 2008 No. 1 1611), 18 des 2015 # 121 (ikr. 1 jan 2016). |
Whoever demands damages after the law here can bring the case in for the courts when finally the patient's decision of the Patient Law. Search targets are raised against the Patient Damage Board. Others may not bring the case in for the courts.
Search targets must be raised within six months from the point of time under the final direction of the final ordinance of the Patient Commission has come forward to the person. When this deadline is out without lawsuits being erected, the ordinance has the same effect as judicial judgment, and can be fulfilled by the rules of judge.
| 0 | Modified by laws 26 sep 2003 # 95 (ikr. 1 jan 2004 ifg. res. 19 des 2003 # 1645), 29 June 2007 # 78 (ikr. 1 jan 2009 ifg res. 31 oct 2008 No. 1 1611) who changed by law 19 des 2008 number 108 (ikr. 1 apr 2009 ifg. res. 27 March 2009 # 356). |
The law applies to damage that evoldes in the realm of Svalbard. The law also applies damage to health services received abroad in co-patient and Human Rights Act Section 2-1 b fourth or fifth clause or after other missions from Norwegian authorities and as the public hero or partial cost, herunder treatment travel. The king can decide that the law should not apply when the performance of health assistance here in the realm of particular small Norwegian association.
| 0 | Modified by laws 19 June 2009 # 72 (ikr. 1 jan 2011 ifg. res. 3 des 2010 # 1508), 24 June 2011 # 30 (ikr. 1 jan 2012 ifg. res. 16 des 2011 # 1252). |
The law applies from the time the King decides. 1 The law can be placed in effect specifically for the public health service and for health assistance outside the public health service.
| 0 | Modified by law 20 des 2002 # 102 (ikr. 1 jan 2003 ifg res. 20 des 2002 # 1624). |
| 1 | Ikr for the public health service from 1 jan 2003 ifg. res. 20 des 2002 # 1623 After the Commencement of change law 29 June 2007 # 78 (ikr. 1 jan 2009 ifg res. 31 oct 2008 No. 1 1611) applies to the law also for health assistance outside of the public health service. |
The law applies to damages that are caused by the law of law enforcement for public and private health care, respectively. Older injuries are treated after the law here, but so that the replacement claim is settled after
| a) | rules of temporary arrangement with patient claims damages for somatic hospitals / polyclinics, |
| b) | rules of temporary arrangement with patient claims for psychiatric hospitals / polyclinics, |
| c) | rules of temporary arrangement with patient damages for the municipal service / municipal medical officer, |
| d) | Law 5. August 1994 No. 55 about protection against infectious diseases Section 8-2, as it sounded before the repeal of the law here, and |
| e) | average replacement right. |
| 0 | Modified by law 26 sep 2003 # 95 (ikr. 1 jan 2004 ifg. res. 19 des 2003 # 1645). |
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