The Norwegian system of compensation to patients

In Norway we have come to the conclusion that a traditional compensation law based on negligence is not the right "tool" for handling difficult questions as to whether or not a patient shall get compensation if required after medical treatment or other forms of contact with the medical profession. The compensation scheme established in 1988 involving the public sector of the Norwegian health care system has received almost 18000 claims since Jan 1 1988, and has paid out more than 1.2 billion NOK (137 million US$) in compensation during these years. At the same time, the number of compensation claims brought before the courts has decreased. After 13 years of a provisional scheme dealing with patient injury compensation based on no-fault rules, we find that compensation claims indeed can be handled without focus on blame and negligence, and that this ensures both that the patients get equitable compensation and that unnecessary legal procedures are avoided. The system also has had a favourable impact on interaction within the health care sector and upon relationships between health care personnel and patients.