PVK | Treatment injury

A treatment injury is the most typical compensable injury. A compensable treatment injury is a bodily injury which was caused by an examination, treatment or other similar action performed on the patient, or the failure to do so. The term "other similar action" refers to, for example, a vaccination and blood or organ donation. An injury caused by an erroneous prescription or dosage of drugs may also be compensated for as a treatment injury.

A prerequisite for compensation is that an experienced medical professional could have performed a different procedure in the examination or treatment situation in question, thereby avoiding the injury. Consequently, a treatment injury may be, for example, a post-operative complication, such as a nerve injury or a delay in diagnosis, which could have been avoided by an experienced professional.

The content and level of proficiency required by experienced healthcare personnel varies. For example, a general practitioner at a healthcare centre and a specialist at a university hospital have different requirements.

Most common reasons for a compensation criterion not being met

The majority of negative claims decisions are due to the fact that the injury sustained could not be avoided despite fully appropriate treatment. It is not always possible to achieve satisfactory treatment results, for example, due to the nature of the illness or severity of the trauma. Such consequences are not eligible for compensation if the actions taken were in line with the standards required of an experienced medical professional, and yet the injury could not be avoided. Such an injury may, however, become compensable as an unreasonable injury in cases where the injury is sustained as a severe and sudden consequence of the treatment given.

Even if a sufficient level of competence is not always achieved by a medical professional, this does not necessarily mean that a patient will incur a compensable bodily injury as a result. For example, a correct diagnosis is sometimes only reached after some delay, even though proper examinations could have enabled an earlier diagnosis. The injury is not compensable if the delay had no effect on the content, prognosis or outcome of the treatment.

16.04.2018