Patientskada då anmäld vårdgivare är tandläkare

Sammanfattning: Since 1975, the possibility for remedy when Swedish healthcare is performed incorrectly and causes personal injury is extended by the voluntary patient injury insurance. Since 1997, the patient injury insurance is statutory in the Patient Injury Act and thereby mandatory for all health care institutions. The conditions for compensation through the patient injury insurance are the same regardless of what kind of health care is performed. This thesis is focused on dental care and the type of injuries that are most frequent in this area: fracture of instrument, perforation, loss of feeling and deterioration of illness inflicted by incorrect diagnosis. The Patient Injury Act defines what a patient injury is and the conditions for compensation through the patient injury insurance. A basic condition is that the health or dental care performed has caused a personal injury. The patient injury insurance includes neither general dissatisfaction, economical dispute nor the feeling of being ill treated or opinions on lack of resources in health and dental care. Injury caused by progression of the disease for which treatment was given is not caused by the treatment itself and therefore not included by the Patient Injury Act. The fact that the treatment does not get the desired result or that there is a complication during treatment is not solely cause for compensation. There are six types of patient injuries according to the Patient Injury Act. The conditions for each type must be at hand for compensation to be payable. The six types are injury caused by treatment, material, incorrect diagnosis, transferred infection, medicine or accident in connection with health or dental care. For most reported injuries the relevant type is injury caused by treatment, 6 § 1 item. The conditions are that the injury is in fact a personal injury, that the injury is caused by performed health or dental care in Sweden and that the injury could have been avoided. Compensation is paid according to The Tort Liability Act 5 chap. 1-5 §§, which includes compensation for expenses, loss of income, pain and suffering and loss of tooth.