1. In the Tort Liability Act (1972:207) Chapter 2, there are rules about the individual's responsibility for his/her negligence either in form of an action or an omission. This responsibility usually is called a 'culpa' responsibility. Many times it is not very easy to decide whether negligence exists or not. As a general rule the principle of 'bonus pater familias' is valid. That means that behaviour is negligent if it differs from the conduct of 'the good family father'. When interpreting the rule of principle responsibility in the field of medicine, a certain tolerance against errors and mistakes is considered to be illustrated in the legislative preparatory work. Medical work is performed under such special circumstances that must allow for a certain margin of error. No strict liability exists. This means, of course, that it is very difficult for a patient to receive compensation according to the Tort Liability Act and that the number of such cases is extremely small. Most people try to get compensation through the Patient Insurance or the Pharmaceutical Preparation Insurance, which is a no-fault insurance.
2. The Patient Insurance Act contains provisions governing the right to patient injury compensation and the obligation of health care providers to have insurance covering such compensation (patient insurance).
3. Patient injury compensation is paid for personal injury to patients if the injuries with preponderant probability were caused by examination, care, treatment or similar a measure provided that the injury could have been avoided either by a different performance of the chosen procedure or by choosing some other available procedure, which according to an assessment made retroactively, from a medical point of view would have satisfied the need of treatment in a less hazardous way.
4. Patient injury compensation is also paid for injuries caused by defects in
   the medico-technical products or hospital equipment used in the performance of
   an examination, care, treatment or similar measure, or improper use thereof, for
   injuries caused by an incorrect diagnosis.
5. Injuries caused by transfer of a contagious substance entailing infection in connection with an examination, care, treatment or similar measure and by accidents in connection with an examination, care, treatment or similar measure or during a patient transport or in connection with a fire or other damage to health care premises or equipment will also be compensated. The same is the situation caused by prescription or provision of pharmaceuticals in contravention of regulations or instructlons.
6. When considering the right to compensation in some of these situations, the guiding principle of action applicable is that of an experienced specialist or other experienced practitioner within the field.
7. There is no right to compensation in a situation of transfer of a contagious substance entailing infection where the circumstances are such that the infection must reasonably be tolerated. In that connection regard shall be paid to the nature and degree of severity of the illness or injury that the measure is related to, the patient's health status in other respects and the possibility of anticipating the infection.
8. Patient injury compensation is not paid if the injury is a consequence of a necessary procedure for the diagnosis or treatment of an illness or injury, which without treatment is downright life-threatening or entails severe disability, or the injury is caused by pharmaceuticals in cases other than those mentioned above.
9. A person who wishes to obtain patient injury compensation under the act loses his/her right to compensation if he/she does not institute proceedings within three years from learning that a claim could be made and in any case within ten years from the time when the injury was caused. If a person who wishes to obtain compensation has reported the injury to the health care provider or the insurer with this time he/she always has six months within which to institute proceedings after having received the insurer's final decision concerning the matter.

((International Encyclopaedia of Medical Law, Sweden, 70-75)

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