Anyone can make a mistake. Those who suffer physical injury caused by a health professional can be entitled to compensation based on the act of patient insurance, regardless of the fault of the person responsible for the injury. This applies both to hospitals and private practices.
Anyone can make a mistake. Those who suffer physical injury caused by a health professional can be entitled to compensation based on the act of patient insurance, regardless of the fault of the person responsible for the injury. This applies both to hospitals and private practices. The patient insurance dose not only cover direct damage but also complications of any study or medical treatment that causes damage that falls within the definition of the patient insurance act. In addition, the injured party may also be entitled to compensation from the Icelandic Health Insurance as well as the insurance company of the relevant health institution where the damage occurred. In many cases traditional damage claim must be made based on the rules of tort law. In those cases, the duty to pay compensation arises because of the mistakes made by the health professional by means of intent (intention or negligence) and illegitimacy, as the injury is consequence of the mistake.
Here are wo types of compensation to be considered. There is compensation for temporary consequences and compensation for permanent consequences. In the first category, there is compensation for temporary loss of employment and additional compensation for grief or embarrassment. In the second category there is compensation for permanent non-pecuniary damage and permanent financial disability, that is when the so-called stability point has been reached and no further recovery is expected.
Contact us for more information on your legal status.
The injured party is generally entitled to compensation for the time he is away from work. That is, the loss of income from the day of the accident until the injured party can return to work or if no further recovery is expected. Household work is also equated with work outside the home and therefore the person who works at home may also be entitled to compensation under this category.
This is a standard compensation for the period that the injured party is considered incapacitated/ill due to an injury caused by an accident. The injured party is entitled to a certain amount per day, depending on whether he is bedridden or not. In certain circumstances, it is permissible to pay compensation despite of the injured party being able to work. An example of such case is that physical injury causes temporary physical discomfort or interferes with normal physical activity without the injured party being ill.
Compensation for permanent personal injury is compensation for non-financial damage. That may consist of suffering, embarrassment, discomfort, blemish, and disfigurement e.g. Compensation under this category depends on the severity of the injury from a medical point of view as well as the difficulties they cause in a life of the injured party. A personal injury can often affect the future ability of the injured party to earn income.
The ability of the injured party to earn income due to physical injury may decrease due to the injuries he suffers in an accident. For example, the injured party may need to reduce his workload or even quit working. Disability covers the permanent impairment of the injured party’s ability to earn income in the future. The calculation of compensation in such cases depends on the age of the injured party and the income he had for the past three years before the accident. The calculation is based on minimum wage.
Outlay refers to the cost of the injured party that he incurs because of the assistance he must seek after an accident. This may include expenses for medical visits, rehabilitation, medication, and other financial loss. Other financial loss is, e.g. the cost of prosthetics and taxis. It is important to keep the original payment receipt for these expenses to claim these expenses from insurance companies or the person responsible for the injury.
It is important to respond quickly and ensure proof of the incident, as this can help us to protect your interests.
Gathering information and evidence
It is best to contact us so we can proceed with the case in the right direction. Then we can give you advice on the following steps and get started with gathering information and evidence.
Assessment of consequences
Injury and compensation cases can take a long time. Usually it takes at least one year until it is possible to assess the consequences for the injured party.
Settlement of compensation
In most cases, a settlement is reached. That is especially in cases when an insurance company is liable for compensation. In the event of a dispute regarding the liability or the amount of compensation, we will take the case to appropriate ruling committees and/or the courts.