Compensation for Medical Treatment Injuries

• the patient has suffered bodily injury, personal injury or death as a result of healthcare;
• the act or omission of diagnosis, treatment or any other medical procedure has caused damage;
• injury or other damage caused by the healthcare provider during the transport of the patient.
• Further information can be found in the law on compulsory liability insurance of healthcare providers: https://www.riigiteataja.ee/akt/121062024030

• medical expenses (including the cost of medicines);
• costs arising from increased needs of the patient (e.g. assistive devices, medical equipment);
• losses due to partial, total or temporary incapacity for work;
• funeral expenses;
• loss of maintenance;
• other pecuniary damage according to LOA § 129 and § 130 (https://www.riigiteataja.ee/akt/961235?leiaKehtiv#para129)
• non-pecuniary damage according to LO § 134 (e.g. moral damage).

• The insurer decides within 180 days whether the case is compensable.
• If necessary, further explanations will be requested from the treatment institution, which must be provided within 30 days.
• Compensation will be paid within a reasonable time after the extent of the damage has been determined.

Limits for compensation:

• up to €100 000 per patient;
• up to €300 000 per insured event;
• up to €3 million per insurance period (1 year);
• compensation for non-pecuniary damage up to €30 000.

• The claim must be brought within 3 years from the moment the victim became aware of the damage and the breach;
• The maximum time limit for filing a claim is 10 years from the date of the insured event;
• The claim must be submitted to the insurer within 4 weeks of the occurrence.