Filing a notice of injury

How is compensation for a patient injury sought for?

Discuss the matter with your attending physician or someone else from the medical staff before filing a notice of injury. Additionally, it is advisable to take the online test to see whether it is worth your while to consider filing a notice of injury. Take the test here.

The claims handling process begins by filing a written notice of patient injury with the Patient Insurance Centre. The notice of injury form and instructions for completing and sending it are available here.

If the injury is deemed compensable, a compensation claim form will be sent with the favourable claims decision to the person who filed the notice of injury. Read more about the claims handling process here.

How quickly do I have to file the notice of injury?

The notice of injury must be filed within three years of the date when the party entitled to compensation became aware of the injury. This may only be derogated from for a very special reason. Read more.

It is not necessary to file a notice of injury immediately on the appearance of the symptoms, since information on the further development of your condition may be relevant for the handling of the claim.

I sustained a patient injury several years ago. What should I do?

The notice of injury must be filed with the Patient Insurance Centre within three years of the date when the injured party first knew, or should have known, of the injury. Therefore, the limitation period does not start at the point of treatment, but at the point when the injured party understood or should have understood that the injury resulted from the health care and medical treatment received. The notice of injury may only be filed later under special circumstances. Read more.

Can I file a notice of injury by the phone?

No. A notice of injury may only be filed in writing by sending a notice of injury to the Patient Insurance Centre. Neither will any position be taken on the phone as to the potential eligibility for compensation of the case concerned.

Who can I turn to for help in filing a notice of patient injury?

You can ask for help from the Patient Ombudsman in the healthcare facility where you were treated when the injury occurred.

Can another person file the notice of injury on my behalf?

The notice of injury form must be signed in person, but you may authorise another person to attend to the case on your behalf by filling out and signing the authorisation section of the form.

When the patient is a minor or otherwise legally incompetent, the notice of injury form must be signed by a trustee. If the patient is deceased, the notice of injury can be filed by a party to the estate of the deceased.

16.04.2018