Medical Law
Health related matters are always personal. If problems arise during treatment, this can cause fear, confusion and mistrust. Medical law helps you understand the rights of a patient, the obligations of a healthcare provider and how to obtain compensation if health injury occurs.
A patient has the right to proper and safe treatment, clear information about their health condition and informed consent before medical intervention. A medical error may consist of an incorrect diagnosis, delayed or improper treatment, or another deficiency that does not meet the required standard of medical care. Not every adverse outcome is a medical error, because medicine also involves natural risks and complications.
Since 1 November 2024, patient insurance, meaning mandatory liability insurance for healthcare providers, has been in force in Estonia. If probably avoidable health injury occurs during treatment, the patient or a person close to them may submit a claim notification to the insurer of the medical institution. If the decision of the insurer is disputed, the matter may be referred to the Liability Insurance Conciliation Committee.
Law Firm Namm helps assess the prospects of a medical error and compensation claim, collect documents, prepare claim notifications and represent you before the insurer, the Conciliation Committee and the court. We also advise healthcare providers on liability, documentation, consent, health data and proceedings before the Health Board. We work in Estonian, Russian and English.
What services we provide in medical law
- Claims relating to medical errors and compensation for health injury
- Advice on patient rights
- Preparation and submission of patient insurance claim notifications
- Representation before the insurer and the Conciliation Committee
- Matters relating to the liability of healthcare providers
- Advice for medical professionals and medical institutions
- Consent to medical intervention and related disputes
- Protection and processing of health data
- Matters relating to medicines and medical devices
- Healthcare provider contracts and disputes
- Representation in Health Board proceedings
- Collection and use of expert opinions
- Representation in medical law litigation
Frequently Asked Questions
What is a medical error?
A medical error means that medical care did not meet the required standard. It may involve an incorrect or delayed diagnosis, improper treatment, inadequate information or a documentation issue. Not every poor treatment outcome is a medical error, because even proper treatment may involve risks and complications. It is important to assess whether the health injury was probably avoidable.
I suspect a medical error. Where should I start?
First, it is advisable to collect the documents related to the treatment, including medical records, test results and treatment records. It can then be assessed whether the treatment met the required standard and whether the resulting health injury may have been avoidable. For cases that occurred from 1 November 2024, a claim notification may be submitted to the insurer of the medical institution.
What is patient insurance and when can it be used?
Patient insurance is mandatory liability insurance for healthcare providers. It can be used when a patient has suffered probably avoidable health injury in the course of health care services. To obtain compensation, a claim notification is submitted to the insurer of the medical institution. For earlier treatment cases, the prospects of a claim must be assessed under the previous liability regime.
What should I do if the insurer refuses to pay compensation or offers too little?
The decision of the insurer may not be final. If you disagree with the decision, you can refer the matter to the Liability Insurance Conciliation Committee and, in certain cases, to court. The outcome often depends on how clearly the course of treatment, the occurrence of health injury, the causal link and expert opinions are presented.
How large can compensation for health injury be?
The amount of compensation depends on the severity of the health injury, its impact on everyday life, costs incurred and other circumstances. In the patient insurance system, statutory upper limits apply to compensation. A more precise amount can be assessed only after reviewing the documents, the extent of the injury and its consequences.
Can a patient refuse treatment or must they give consent?
As a rule, a patient has the right to receive understandable information about their health condition, treatment options and risks, and to decide whether to consent to or refuse treatment. Treatment without proper consent may be unlawful, except in exceptional situations, for example emergency care.