Medical error compensation system changes on November 1
From November 1, patients who have experienced medical errors will be able to claim compensation more easily. A new mandatory reporting system and database will also be introduced for doctors.
From November 1, compensation claims can be processed by insurance companies rather than courts. A payout will only be made for errors after the new system is introduced.
"The most important criterion is that some kind of health damage must have occurred as a result of the error or medical mistake. This could mean, for instance, that the person required prolonged treatment, needed specific medications that incurred personal costs, paid for rehabilitation, or faced transportation expenses and co-payments. It could also mean that they now need certain assistive devices following the incident," explained Heli Paluste, head of the Ministry of Social Affairs' healthcare network.
Paluste stressed that if a medical error has been made, but the patient's health was not damaged, then there is no right to receive compensation.
Claims must be submitted to insurance companies within four weeks of learning about the medical error. Extensions can be sought for serious cases.
"It's important to verify, before approaching any medical facility, whether that facility already has a liability insurance agreement in place. Compensation is provided only if such an agreement has already been established," Paluste said.
Compulsory liability insurance must be concluded at all medical institutions by December 1. In Estonia, about 1,500 companies must sign a contract. As of October 30, less than 400 had done so.
Vanden, an insurance broker who provides services in addition to PZU, is critical of the new system.
"The standard practice is that compensation for damages is based on the principle that if the customer comes with the damage, it will be compensated. In Estonia, it is that /.../ if an incident happened 10 years ago, the insurance company is still liable and that creates an awful lot of confusion and that is the main reason why foreign insurance companies are reluctant to come here," Vanden owner Raul Källo told "Aktuaalne kaamera."
There will also be changes for doctors and medical staff from November 1.
"Medical errors must be reported anonymously to the Health Board. The most important aspect is to record all medical errors within the organization, which means that if an error involves culpable actions, the healthcare worker will not be punished for it," said Külli Friedemann, head of the department of the health board.
According to forecasts, there could be 500 to 700 compensable medication errors in Estonia every year. Very serious cases, including fatal medication errors, happen once or twice a year in Estonia.
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Editor: Merili Nael, Helen Wright
Source: Aktuaalne kaamera