NPE or the courts?
According to s. 4(3) of the Patient Injury Act, claims for compensation against the national health service cannot be directed towards the state, regional health enterprises, health enterprises, counties or local authorities if the claim is submissible under the Patient Injury Act. Such claims can only be addressed to NPE. Sanctions may be sought against individual health workers and against privately operated medical institutions.
In cases where sanctions are sought against healthcare personnel, NPE will nevertheless be responsible for payment of any potential compensation if the claim is submissible under the Patient Injury Act. NPE is not responsible for paying compensation if redress is awarded, as this is not covered by the Patient Injury Act.
Claims for compensation against individual healthcare workers are not submissible under the provisions of the Patient Injury Act but must be made on grounds of negligence committed by the healthcare personnel. There is little reason to believe that we will see many cases of litigation against healthcare personnel, and it is probable that in general, such legal actions will involve patients who sue for redress. For the patient to be awarded redress, the healthcare personnel must have been guilty of gross negligence. This means that their actions must have deviated markedly from commonly accepted good practice.