Compensation is paid for an equipment-related bodily injury if the injury was caused to the patient by a defect in the equipment or device that was used for the examination, treatment, or other similar action. Such equipment or devices include surgical instruments, patient monitoring equipment and examination tables. A defect refers to any situation where a piece of equipment does not function the way it should, and the defect is not caused by the actions of the medical staff.
Internal devices permanently installed in the patient, such as joint endoprostheses or pacemakers, do not qualify for compensation if defective. Compensation for injuries caused by internal devices can be applied for under the Tort Liability Act or the Product Liability Act. From 1 January 2021 onwards, compensation can be paid for a lack in safety of a medical device permanently installed in a patient. Accidents relating to permanently installed medical devices.