Transitional rules

P. 21 of The Act on Patient Injury Compensation (pasientskadeloven) refers to transitional rules in relation to liability for patient injuries sustained before the legislation came into force in 2003, (2009 for the private health service). NPE will process claims for these injuries as well.

Print Bokmål | Nynorsk | 30. April 2012

The Act on Patient Injury Compensation came into force on 1 January 2003 in respect to the national health service
If the injury was sustained before 1 January 2003 but was proved after 1 January 1988, NPE must consider and pay out on eligible compensation claims in accordance with the interim patient injury compensation schemes or the Norwegian Communicable Diseases Control Act.

If this type of injury was established before 1 January 1988, or if for any other reason it falls outside the scope of the interim schemes, NPE must consider and pay out on eligible compensation claims under the rules of ordinary compensatory damages law.

Cases subject to transitional rules, if relating to injuries sustained after 1 July 1992 will be dealt with in the same way as injuries established after 1 January 1988 – but the cut-off date is different.

The transitional rules indicate that NPE should handle all claims that concern treatment provided by the national health service, but that the liability issue will have to be considered under a different set of rules. The definition of the national health service is provided in p. 1(3) of the regulation; this definition has an effect on what cases should be considered under the transitional rule.

Some examples of cases to be handled under transitional rules:

  • claims for injuries sustained before 1 January 2003 while in the care of local authority health services (e.g. the home nursing service): claims to be considered under the rules of ordinary compensatory damages law
  • claims for injuries sustained before 1 July 1992 while in the care of a GP: claims to be considered under the rules of ordinary compensatory damages law
  • claims for injuries sustained before 1 January 2003 at a private hospital, but treatment provided under a purchase agreement with the public sector: claims to be considered under the rules of ordinary compensatory damages law
  • claims for injuries sustained before 1 January 2003 at the hands of a private-sector specialist under a purchase agreement with the county authorities (before 1 January 2002) or the Regional Health Authority (after 1 January 2002): claims to be considered under the rules of ordinary compensatory damages law

The Act on Patient Injury Compensation came into force on 1 January 2009 for private health services
If the injury was sustained before 1 January 2009, NPE should consider and pay out on eligible compensation claims under the rules of ordinary compensatory damages law. This does not apply if the injury/compensation claim has been reported to the insurance company of the person who caused the injury or if it has been submitted for consideration in any other way, for example through litigation against the person who caused the injury, before 1 January 2009. Such cases will not be accepted for consideration by NPE; the case should be brought to its conclusion under the earlier compensation/insurance scheme.

The question of whether a claim is submitted outside the limitation period is subject to the same scrutiny in all cases.