Law On Compensation Of Patient Injury, Etc. (Patient Injury Act)

Original Language Title: Lov om erstatning ved pasientskader mv. (pasientskadeloven)

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Read the untranslated law here: https://lovdata.no/dokument/NL/lov/2001-06-15-53

Law on compensation of patient injury, etc. (Patient Injury Act).


Date LOV-2001-06-15-53


Ministry of Health and Care Services

Edited

LOV-2015-12-18-121 from 01/01/2016


Published in 2001 Booklet 7


Effective 01.01.2003, 01.01.2009

Changes


Promulgated


Short Title
Patient Act - passkl.

Chapter Overview:

Chapter 1. Patient Responsibility (§§ 1-5)
Chapter 2. Those responsible (§§ 6-8 a)
Chapter 3. The processing of claims (§§ 9-14)
Chapter 4. Appeals and judicial review (§§ 15-18)
Chapter 5. Scope, entry into force and transitional provisions (§§ 19-22)

Ref. former temp. rules of January 1, 1988 for arrangements to Patients, cf. Act § 21.

Chapter 1. Patient Responsibility

§ 1. Patient This law applies to damages caused

A)
activities under specialist health services and municipal health and care services.

B)
during ambulance transport, or

C)
of health professionals providing health care under public authorization or license, persons acting on behalf of these people who have the right to practice occupational health personnel temporarily in Norway without Norwegian authorization, license or specialist approval or other persons specified in the regulations.

Such damage is considered as adverse events if they are caused under supervision, examination, diagnosis, treatment, sale of medicines from the pharmacy, nursing, vaccination, sampling, analysis of samples, X-rays, preventing hazardous, medical research trials, as well as the donation of organs, blood and tissue.
King may issue regulations providing what may be regarded as an institution under the municipal health and care services.

§ 2. Compensation for adverse patient and others who have suffered losses due to adverse event, are entitled to compensation when the damage caused

A)
failure by the performance of health care, although none can be,

B)
technical failure of apparatus, equipment or other equipment used in the performance of health care

C)
contagion or infection, when this is not mainly due to the patient's condition or disease,

D)
vaccination or

E)
matters entailing responsibility for health and care services or health care professional for regular compensation rules.

It should take into consideration whether the claim claimant can reasonably quiet for your business or service at the time of injury, is disregarded. Inadequate resources will not incur liability if the distribution of resources has been prudent and business generally keeps a proper standard.
Although there is no basis for liability under subsections, it may exceptionally be granted compensation when there has been an adverse that are particularly large or particularly unexpected, and which can not be considered as outcome of a risk that the patient must accept . Emphasis should be on whether there is adequate disclosure in advance.
King may decide that compensation claims according to conventions that Norway is party, should be treated as claims under this law.

§ 3. unsolved causalities If the cause of an injury to a patient can be ascertained, and the damage probably caused by external influences on a patient during treatment, it should normally be assumed that the damage caused by errors or deficiencies in the performance of health care.
By damages arising from injury after recommended or mandatory vaccinations by law 5 August 1994. 55 on protection against infectious diseases, the right to compensation pursuant to § 2 subsection d unless the person responsible proves that one or more other causes are more likely.

§ 4. Other compensation rules for loss metering, contributory negligence, etc. the Act of 13 June 1969. 26 indemnity and general liability rules. Compensation (reparation) for damage of a non-financial nature by the Compensation Act, § 3-5 and losses under 10,000 crowns replaced still not under this Act.
Injuries that fall under the coverage of the Act of 16 June 1989 no. 65 on Workers' Compensation § 10 can not be claimed under the Act.
Act does not preclude claims be asserted against anyone other than Norwegian Patients. Claims may be submitted under this Act, may still not be brought against the state, regional health authorities, health authorities, counties and municipalities. Recourse can only be claimed against the person who caused the damage willfully or who have failed to pay subsidies according to § 8

§ 5. Limitation Claims under this law barred by law on 18 May 1979 no. 18 Limitation of Claims. Limitation period is interrupted by removing the requirement notified pursuant to § 9. Such notification does not interrupt the limitation period of claims against other than Norwegian Patients.

Chapter 2. Those responsible


§ 6. Norwegian Patient Norwegian Patient is responsible for any damage that may be claimed under this Act.
King organizes and establishes detailed regulations on the Norwegian Patients.

§ 6 a. Deductible King may issue regulations prescribing that the perpetrator must pay a deductible in cases where the awarded compensation.

§ 7. Obligation to pay subsidies to the Norwegian Patient for the public health care service state, regional health authorities, counties and municipalities grants to the Norwegian Patient to cover compensation for patient injuries caused in the public health and care services, as well contribution to operations in accordance with regulations issued by the King.
To the public health and care services is considered the business of the state, the regional health authorities, health authorities, counties or municipalities. The same applies to activities carried out on behalf of or with subsidy from any of these. The King may by regulation specify what should be considered to the public health and care services, including exemption from the first and second sentences.

§ 8. The obligation of the health care outside the public health care services to report and make contributions to the Norwegian Patient Whoever outside the public health and care services providing health care as mentioned in § 1, shall report and contributions to the Norwegian patient to cover compensation for patient injuries caused outside the public health and care services and contributions to the operation.
Further provisions on notification and grants duty, for registration of the messages and if the grant is determined by the King in regulations, including may stipulate exemption from the obligation under the first paragraph.
Whoever fails to fulfill the obligation to notify or the obligation to pay contributions to the Norwegian Patient, punishable by fines or imprisonment for up to 3 months. The same applies to anyone the message correctly announce such that it paid too low grants. Complicity is punishable not.

§ 8 a. Regulation on insurance of liability for adverse King may by regulations provide that service or specified groups of service providers can or should take out insurance to cover the liability under this Act instead of the Norwegian Patient is responsible.
Regulations have detailed provisions concerning, inter alia:

A)
requirements for insurers and insurance,

B)
approval of insurers and insurance,

C)
opportunity for limitation of liability in the insurance and coverage and allocation of loss if the insurance requirement has not been complied with or insurance proves inadequate, including the loss to be covered by the approved insurers jointly

D)
obligation for insurers to contribute to the coverage of the Patient Board expenses,

E)
loss of or reduction in grants duty under § 7 and withdrawal of notification and grants duty under § 8,

F)
who will be handling claims for compensation,

G)
raising claims and proceedings, including the decision of claims and payment of compensation,

H)
coverage of attorney fees,

I)
opportunity to ask the Patient Advisory Board to take over handling of a case that is not processed when the expiry of two years from the claim was filed,

J)
appeal and judicial review,

K)
who is responsible at the transition between the Norwegian Patient Injury liability and insurance coverage and between insurers and

L)
recourse.

Whoever fails to fulfill insurance requirements established pursuant to the first paragraph shall be punished with fines or imprisonment up to three months. Complicity is punishable not.

Chapter 3. The processing of claims

§ 9. Presentation of Claims Claims for adverse event reported in writing to the Norwegian Patients. Norwegian Patient may in special circumstances allow claims for compensation reported orally. Put forward the claim to the medical profession or health institution, the request shall be notified on the Norwegian Patients.

§ 10. Proceedings Norwegian Patient investigating the matter.
Provision makes no exception from professional secrecy.
Norwegian Patients may require the taking of evidence by the Courts Act § 43, second paragraph.

§ 11. Solicitor patient legal expenses covered if the person investigating the matter decided on it, or costs must be regarded as a loss resulting from the damage. The patient may require advance ruling from the person investigating the case of legal expenses that will be covered.
The King may issue regulations involving restrictions on the provision in the first paragraph, including whether the government fee rates shall be used.

The lawyer may not demand or receive further consideration by the patient for that part of the case where the expenses are covered by this section.

§ 12. The decision of the claim when the Norwegian Patient has investigated the case, it hits a decision on compensation to be granted and whether the allowance. This decision must be substantiated and notification given the parties in accordance with the Public Administration Act. It must be stated that the decision can be appealed to the Patient Injury Compensation Board within three weeks.

§ 13. Payment of compensation Compensation is paid as soon as possible after the case is settled. Partial disbursements shall be made as soon as it is clear that part of the claim is undisputed or other reasons is unobjectionable.
About interest obligation, the provisions of Law 17 December 1976 no. 100 relating to interest on overdue payments

§ 14. Relationship to the Public and Freedom of Information Act Administration Act and Freedom of Information Act applies to the activities of Norwegian Patients. As individual considered decision on compensation to be granted decision on the compensation, ruling on partial disbursements and decision on legal assistance in accordance with § 11.

Chapter 4 Appeals and judicial

§ 15. Appeals etc. Decisions as mentioned in § 14 second sentence may be appealed to the Patient Advisory Board of the claimant under this Act. The deadline for appeals is three weeks.
When a case is not finalized, and two years have passed after the claim was filed, the Patient Injury Compensation Board at the request of the claimant, decide to take over the proceedings.
Other individual under this Act other than those mentioned in the first paragraph, may be appealed to the Ministry unless King establishes another appeals body.
The King may issue general provisions concerning the Patient Board's assessment of the request by the second paragraph and the fee for appeal etc. under this provision.

§ 16. Patient Board's activities and composition, etc. The Ministry appoints the chairman, deputy chairman and members with deputies to the Patient Injury Compensation Board. The chairman shall have a law degree or master's degree in jurisprudence. The term of office is three years.
Patient Injury Compensation Board inserted in each case as a rule, with three members.
Patient The chairman may decide that the Tribunal in each case shall be set with five members when the case of difficulty makes it necessary.
When the Patient Advisory Board shall consist of three members, it shall be conducted by a member who has a law degree or master's degree in jurisprudence. One member shall be a user representative and one member should normally be a medical expert.
When Patient Injury Compensation Board set with five members, it is chaired by a member who has a law degree or master's degree in jurisprudence. One member shall be a user representative. The Tribunal is an additional three members who are medical experts or have a law degree or master's degree in jurisprudence.
Patient The chairman determines the composition of the Tribunal in the individual case.
Patient The chairman may decide that the secretariat can make decisions on behalf of the Tribunal.
King may issue regulations concerning the board's composition and activities.
Expenditure to the Patient Board's activities are covered in accordance with regulations issued by the King.

§ 17. Procedure in Patient Injury Compensation Board Patient Injury Compensation Board makes decisions by simple majority. Both the majority and minority views shall be justified.
The procedures for Norwegian Patient in Chapter 3 apply correspondingly to Patient Injury Compensation Board. Administration Act § 11 d of oral conferences with caseworker apply correspondingly.
National appellate body for health secretariat for the committee and preparing the Tribunal's cases.
Tribunal's decisions are implemented by the Norwegian Patient like the Norwegian Patient Damages own decisions.

§ 18 court of the claimant under this Act, may bring the matter before the courts when a final decision on the Patient Advisory Board exists. Lawsuits brought against Patient Injury Compensation Board. Others can not bring the matter before the courts.
Proceedings must be instituted within six months from the date of notification of the final decision in the Patient Injury Compensation Board is reached the person concerned. When this limit has expired without legal proceedings are brought, the decision has the same effect as an enforceable judgment and enforceable under the rules for the judge.

Chapter 5. Scope, entry into force and transitional rules


§ 19. Scope The Act applies damage caused in the realm of Svalbard. The law also applies to damage by healthcare received abroad in pursuance of patient and user rights Act § 2-1 b fourth or fifth paragraph or by another assignment from the Norwegian authorities, and that the public fully or partially pays, including the treatment site. The King may decide that the Act shall not apply when the provision of health care in this country with special small Norwegian association.

§ 20. Commencement This Act applies when the King bestemmer.1 Act may be brought into force separately for the public health and for health care outside the public health.

§ 21. Transitional provisions This Act applies to damages caused by the Act respectively public and private health services. Older injuries treated under the Act, but so that the claim for compensation is determined by

A)
rules for temporary arrangement with pasientskadeerstatning for hospitals / clinics,

B)
rules for temporary arrangement with pasientskadeerstatning for psychiatric hospitals / clinics,

C)
rules for temporary arrangement with pasientskadeerstatning for municipal GP service / municipal emergency,

D)
Act of 5 August 1994 no. 55 on protection against infectious diseases § 8.2, as it read before the repeal by this Act, and

E)
ordinary torts.

§ 22. Amendments to other Acts - - -