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1. All health care establishments have a patient ombudsman. A patient ombudsman informs patients of their rights and assists them as necessary in submitting an objection or complaint concerning treatment, or a claim for indemnity for professional negligence.
Patients who are dissatisfied with their care or treatment can make an objection to the director of the health care unit. The idea of submitting an objection is to provide patients with a straightforward and flexible way of passing their opinion to the health care unit. At the same time, the health care units have the opportunity to rectify the situation without delay. If, when the objection dealt with, it becomes obvious that it may lead to liability for patient injury, indemnification liability or disciplinary proceedings, a patient ombudsman will assist the patient in initiating the matter and submitting it to the Patient Insurance Centre or will provide guidance in submitting a complaint.
Making an objection does not restrict the right of a patient to lodge a complaint on treatment. A complaint in treatment can be submitted to the relevant State Provincial Office, which customarily deals with complaints. More complex complaints are transferred by the State Provincial Office to be dealt with by the National Authority of Medicolegal Affairs. Patients may submit a complaint directly to the National Authority for Medicolegal Affairs, but according to an agreed division of labour, the Authority refers the majority of complaints to the State Provincial Offices.
2. Compensation shall be paid for bodily injuries if it is probable that these injuries result from:
1) examination, treatment or other similar action taken or neglected, providing that an experienced health care professional would have examined, treated or otherwise dealt with the patient in a different manner and would thereby probably have avoided the injury;
2) a defect in the health care equipment or device used in an examination, treatment or other similar action;
3) an infection which originates from an examination, treatment or other similar action, unless the patient was required to endure the injury in view of the predictability of the infection, the degree of severity of the injury sustained, the nature or difficulty of the illness or impairment that was being treated and the patient’s overall health;
4) an accident in connection with an examination, treatment or other similar action, or an accident that occurred during transfer of the patient;
5) a fire or other similar damage affecting either the treatment premises or the equipment used for the treatment;
6) the supplying of pharmaceuticals contrary to the provisions of acts or decrees or regulations issued there under;
7) an examination, treatment or other similar action where this has resulted in a permanent, severe illness or impairment, or death, and the consequence can be considered unreasonable in view of the degree of severity of the injury, the nature or difficulty of the illness or impairment that was being treated, the patient’s overall health, the rarity of the injury and the extent of risk in individual cases.
Injuries caused by products permanently attached to the patient (such as joint endoprothesis, pacemaker) may be compensable under the Tort Liability Act or Product Liability Act.
Claims for material damages caused in connection with medical treatment (for example, torn clothing, losing a removable prosthesis or losing glasses) may be filed against the tort-feasor under the Tort Liability Act.
The Consumer Protection Act is also applied to errors in services. This Act only covers private health and medical care services.
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