Can I apply for compensation for my injury?

Claims for compensation can become obsolete. It is therefore important that you submit your claim before it becomes too old.

 

When did the injury happen?

Based on your answers, your claim is probably obsolete.

Claims that are more than 20 years old will normally be considered to be obsolete. This applies even if you were unaware that you had sustained an injury.

Unfortunately, the fact that you may not have been aware of the patient injury compensation system or the obsolescence rules does not prevent the claim from becoming obsolete.

Even if your injury occurred less than 20 years ago, your claim may still be obsolete. The time from you becoming aware that you had sustained an injury to you reporting a case must not be more than three years.

 

When did you find out that you had an injury?

Based on your answers, your claim may be obsolete. You will normally have a deadline of three years after the injury occurred to apply for compensation.

The deadline is determined from the time you became aware:

  • that you had sustained an injury as a result of the treatment
  • that the injury is permanent and causing a financial loss

The deadline is determined from the time you became aware, or should have become aware, of this. This means that someone who has sustained an injury will themselves be responsible for finding out about it.

Unfortunately, the fact that you may not have been aware of the patient injury compensation system or the obsolescence rules does not prevent the claim from becoming obsolete.

Were you treated in Norway or abroad?

You will probably not be entitled to compensation.

Norwegians who sustain an injury during treatment abroad cannot apply for compensation from NPE.

If the injury occurred during treatment in one of the Nordic countries, you can apply for compensation through the relevant scheme in the country concerned.

The Patient Injury Act only covers foreign hospitals and doctors if the public sector has already entered into an agreement with the treatment provider concerning the purchase of services.

The injury you have sustained must have been caused by errors associated with your treatment, examination, diagnosis or follow-up. If your injury is a result of the illness for which you were being treated, you will not be entitled to compensation.

Your injury may also be due to the side effects of medicines.

 

How do you think the injury occurred?

You responded that you have sustained a drug injury.

If your injury was caused by drugs that you purchased in a shop or over the counter at a pharmacy, we will always consider the claim to be a drug injury, rather than a patient injury. Your compensation claim will then be dealt with in accordance with the specific rules relating to drug liability set out in the Product Liability Act. In such cases, you must fill in an injury notification form concerning drug injuries when you report the case to us.

If your injury was caused by the use of drugs provided by health personnel, you can also report the case as a patient injury. If you wish to apply for compensation for both side effects to drugs and failure of treatment, you must complete an NPE claim form.

If you are not sure which form to use, please select the claim form for patient injuries.

Not all injuries are covered by the patient compensation system. We therefore need to know whether your injury occurred during treatment by the health service or during alternative therapy.

For example, you may have be entitled to compensation if your injury was sustained at a hospital, but not at an acupuncturist.

 

Where in the health service did the injury occur?

Alternative therapies, such as acupuncture, are not normally covered by the patient compensation system. This means that not all cosmetic treatment is covered by the system.

Alternative therapies that form part of the mainstream health service are still covered. For example, a physiotherapist who performs acupuncture as an integral part of the treatment will be covered by the system.

To be entitled to compensation, you must have either incurred a financial loss of at least NOK 10,000 or sustained a permanent and substantial medical disability (at least 15 percent).

Examples of financial losses:

  • loss of earnings
  • expenses (e.g. medical treatment, medication, physiotherapy and transport)
  • work in the home (e.g. housework, house maintenance and purchases)

 

What financial loss have you incurred as a result of your injury?

Even if you have not incurred a financial loss of at least NOK 10,000 kroner, you may still be entitled to compensation. You must then have sustained a lasting and substantial medical disability of at least 15 percent.

 

Do you believe you have sustained a lasting and significant injury?

Based on your responses, you will probably not be entitled to compensation.

You cannot claim compensation from NPE when your financial loss is less than NOK 10,000 and you also have not sustained a lasting and significant injury. You should contact the treatment provider where the injury occurred directly instead.

If you have suffered a temporary affliction or had a bad experience, but have not incurred a financial loss, you will not be entitled to compensation. You will also not be entitled to compensation as a means of redress.

Based on your responses, you will probably be entitled to compensation.

This is not a definitive answer. We will only be able to give a definitive answer once when have received more information and considered your case.

In order to be entitled to compensation, your injury must have been caused by errors made in connection with your treatment. If your injury is a result of the illness you were being treated for, you will not be entitled to compensation. If you sustain an injury that was not caused by errors made in connection with your treatment, you will not normally be entitled to compensation.

Based on your responses, you will probably be entitled to compensation.

This is not a definitive answer. We will only be able to give a definitive answer once when have received more information and considered your case.

In order to be entitled to compensation, your injury must have been caused by errors made in connection with your treatment. If your injury is a result of the illness you were being treated for, you will not be entitled to compensation. If you sustain an injury that was not caused by errors made in connection with your treatment, you will not normally be entitled to compensation.

We do not have enough information to be able to say anything about the matter.

In order to be entitled to compensation, your injury must have been caused by errors made in connection with your treatment. If your injury is a result of the illness you were being treated for, you will not be entitled to compensation. If you sustain an injury that was not caused by errors made in connection with your treatment, you will not normally be entitled to compensation.