Jannike is one of several who each year receive notice from Norwegian Patient Compensation (NPE) that they will die within two years. It also means less money through installment payments, not a lump sum that Jannike was initially told about. – It has been a long and difficult process, says Jannike. news meets her and her family on a playground near her home in Oslo. The daughter is four years old. The prosthesis tells about the mistake that was made: Jannike had to amputate the leg because the cancer was discovered too late. NPE said she would get a large lump sum, but reversed in October. The leg had to be amputated after the cancer was discovered too late Photo: William Jobling / news After a complaint, NPE has turned around once again. 11 months after the first assessment, the NPE again believes that Jannike lives for more than two years – and gives her the lump sum of several million. – I am just happy and relieved, but also concerned that this applies to more people, says Jannike. Long battle Before Christmas, news told about the woman who has incurable bone cancer. The cancer was not detected early enough by the doctors, Jannike received compensation. – It turned around when NPE engaged a new doctor I have never met, she says. The new expert doctor assessed that she had less than two years to live, without talking to Jannike’s therapists. Jannike was thus put on a so-called term payment. Jannike and her lawyer believe it gave a sixth of the original amount. – It has been a long process of obtaining statements and documentation from both doctors and statisticians after this, she says. – I take self-criticism Jannike complained about the decision. She asked her treating doctor at Radiumhospitalet for an assessment. He wrote: “We believe that an estimate of life expectancy is subject to considerable uncertainty and that it is difficult, if not impossible, to conclude (….) NPE’s experts also received this assessment, in December he wrote: “I have to take self-criticism in that I have not pointed out precisely this uncertainty more clearly in my assessment.” Experts also emphasize that treatment has stabilized Jannike. He writes that the assumed lifespan is 24 months, i.e. not less than two years, which is the limit NPE has set for full payment. He also writes that his job is at least as difficult as that of a treating doctor: “Thus, for an expert who does not know the patient and only has medical record information available, it will be at least as difficult and associated with a large degree of uncertainty” – I think this assessment is bone-chilling for the entire practice NPE has to assess remaining life. I also think that there are still many others who receive that injustice against them – that they are paid in installments and told that they will live less than two years, says Jannike. Jannike Hegdal Nilssen with her husband and four-year-old daughter Photo: William Jobling / news A “two-year rule” Thus, NPE has again concluded with a full one-off payment of several million kroner – almost a year after they did it the first time – Isn’t this an almost inhumane treatment? – I have great understanding of Jannike’s reaction, but we have to make these assessments based on how the law and the rules are. I understand that every day that passes is a burden, it is always unfortunate, but in this case this has also meant that we gained more insight and made a new assessment, says acting director of Norwegian Patient Injury Compensation (NPE), Anne-Mette Gulaker. Anne-Mette Gulaker is the acting director at Norwegian Patient Injury Compensation Photo: William Jobling / news Multiple Eivind Rosseland Stokke in the law firm Ness Lundin is Jannike’s lawyer. He is happy with the solution, but says NPE’s practice applies to several people. – It is great and gratifying with Jannike, but this is a two-year rule which is problematic. Every year, several people are told by the NPE that they will live for less than two years and will be paid less. There is no basis in the law for this, says Rosseland Stokke. NPE estimates that they use the rule on around 10 people each year Rosseland Stokke believes the problem lies in NPE’s practice since two years is not mentioned in the Damages Compensation Act – It is a rule and a practice they use themselves. There is no basis for this in the legal text, he says. He believes that both the law and NPE’s practice should be changed. Several Storting politicians said they were willing to look at the law after news first reported on Jannike. – Jannike’s case is a good opportunity to review NPE’s practice. The legislator must also take a closer look at the text they have adopted, says the lawyer – Following the law NPE says that the law obliges them to look at a patient’s lifetime when assessing compensation. But the acting director confirms that the practice of two years is something the agency itself has chosen to operate with. – There is a way to get a practical implementation of these assessments since probable life expectancy is mentioned in the law – So if the politicians had changed this with life expectancy in the law, could you change this practice? – Yes, says Anne-Mette Gulaker. Jannike Hegdal Nilssen is weakened by the incurable bone cancer, but has become more stable with the medicine pazopanib. A scan before Christmas showed no further cancer spread. – What is it like to find out in black and white that you can live more than two years? – Ah, I feel light and that I can move on, now I will concentrate on my health and try to get better. The money gives room to apply for other treatments as well, she says. Jannike hopes the politicians will look at the legislation after what she has experienced Photo: William Jobling / news
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Jannike made the state turn around – news Norway – Overview of news from various parts of the country
