All patients are covered by a public compensation scheme called Patienterstatningen.
The scheme covers you if you are injured in connection with treatment at a public hospital, a private hospital, your own doctor, a specialist or other licensed healthcare professionals in private practice. The scheme also covers pharmaceutical injuries.
It is the task of the Patient Compensation Association to ensure that patients receive the compensation they are entitled to by law. It is free of charge to report a case to the Patient Compensation Association.
The scheme applies to damage occurring after July 1, 1992, and the compensation must exceed DKK 10,000.
If the damage occurred before January 1, 2004, only physical damage is covered.
As of January 1, 2008, new limitation periods for compensation for treatment injuries apply. The limitation period is changed from 5 years to 3 years. The period is calculated from the time when you became aware of the injury or should have become aware of it.
In principle, the 3-year limitation rule also applies to damage that occurred in 2007. However, the exception is that damages occurring in 2007 become statute-barred at the earliest on January 1, 2011.
The consequence of the change in the law is that all damages occurring in 2007 become statute-barred 3 years after knowledge of the damage, but no earlier than January 1, 2011. Damage occurring on January 1, 2008 or later will expire 3 years after knowledge of the damage. Damage occurring before January 1, 2007 is still subject to a limitation period of 5 years after knowledge of the damage.
There is still an absolute limitation period of 10 years from the date of injury. This period also gives patients who have only belatedly become aware of the injury the opportunity to file a claim with the Patient Insurance Association.
You can read more about Patienterstatningen on their website, where you can also download claim forms.
Visit the Patient Compensation website