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3 Eur. J. Health L. 173 (1996)
Medical Malpractice - The Legal Situation in Norway

handle is hein.journals/eurjhlb3 and id is 183 raw text is: European Journal of Health Law 3: 173-177, 1996. 173 © 1996 Kluwer Law International. Printed in the Netherlands. NEWS AND VIEWS Medical Malpractice - the Legal Situation in Norway KARl SONDERLAND Assistant Deputy Director General, Directorate of Health, Oslo, Norway During the last years there has been a considerable increase in cases regarding medical malpractice in Norway. This has accentuated the question of what possibilities patients have to make doctors legally responsible when they commit medical malpractice. Furthermore the question arises whether the increase in number of cases imply that the standard of medical practice in Norway has declined or if there may be other explanations. These questions will be the objective of this article. Some surveys have been carried out on this subject from different points of view, but no systematic, comprehensive research on these questions has been done. Accordingly I will present some tendencies based on statistics, the mentioned surveys and my experience as the head of division in the Department of Medical Law in the Norwegian Board of Health. However, first it is necessary to define the term medical malpractice. I will follow a wide definition of the term as injuries or insults suffered because of negligence. It does not have to be 'bad' practice. It refers simply to a physician not having lived up to the customary professional standard set through the practice of the 'average competent' physician in the same or similar circumstance. In most situations making someone legally responsible is not the best way to solve conflicts. But there may be situations where the patient regards legal procedure as the only way to obtain justice. What possibilities do the Norwegian patients have in this situation? 1. Compensation In Norway, as a general rule, compensation for errors in medical treatment is paid through a special scheme known as the Norwegian System of Compensation for Injuries to Patients. The scheme covers only physical

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