– We applied for compensation for Signe’s death. We had transport costs for the funeral covered. Electric car charging costs two kroner. It’s completely absurd, says Linda. Linda and Christoffer’s daughter died in the womb during birth, after being in the womb for over 40 weeks. The University Hospital of Northern Norway in Harstad has received strong criticism from the Norwegian Health Authority after the incident. They did not give Linda proper health care during the birth. The hospital was not equipped to provide proper birth care in the event of an increased risk of complications. The family had the funeral covered, but not the rent of the burial ground in the future. Photo: private When they applied for compensation, they were awarded NOK 42,000 by Norwegian Patient Injury Compensation. This should cover financial expenses the couple has had in connection with the death. But they got nothing because the hospital was to blame for Signe’s death. – You will be punished twice. Your child dies, and here you have some additional costs that you have to bear. You don’t get help to get through everyday life. It surprised me, says Linda. Linda and Christoffer have not decided whether they will take legal action against the hospital. Photo: Christian Kråkenes / news This is how compensation is calculated in the event of death If someone dies as a result of a patient injury, Norwegian Patient Injury Compensation covers: Normal funeral expenses. Other reasonable expenses on the occasion of the death. Any loss of the deceased’s financial contribution to the family and effort in the form of work and care in the home during a period of adjustment (obviously does not apply in the event of a stillbirth). As a general rule, you will not be compensated for other financial losses, such as for example loss of income for survivors. When calculating the compensation, they deduct benefits such as funeral benefits, survivors’ and children’s pensions. – No strength to fight Linda and Christoffer are a third party, the patient was Signe. Therefore, they were initially not covered for lost earnings, or doctor’s appointments to arrange sick leave. When Linda complained about it, they got some coverage. But not nearly all of the expenses the family has had after the birth. – We counted on that, and we probably have NOK 100,000 in expenses that we will not be covered, says Christoffer. In order to manage to cover the expenses, he had to work extra hard. Even though the family was in the middle of grief, and Linda needed help with everything because of the catastrophic caesarean section. – You have no choice. But it is frustrating. Parents who are grieving are unable to fight this system, says Linda. What is a stillbirth? A stillbirth is defined as a birth after 22 weeks of pregnancy, where the child shows no signs of life at birth. In the last two years, 309 children have been born quietly. On average, this amounts to 2.9 stillborn children per 1,000 children born. There are various reasons why children die, and in 25 percent of the deaths the answer is never found. – Impossible to compensate in money When the health service fails, patients or relatives can seek compensation from Norwegian Patient Injury Compensation. The proportion of cases that are upheld has decreased somewhat. In the last five years, there have been 1,690 cases with claims for compensation in connection with maternity care, women’s diseases and birth injuries to children. This is an increase compared to the previous five years. Decisions have been made in 1,283 of the cases. Only 19 per cent were approved, which means that fewer are now approved than before. Department director of Norwegian Patient Injury Compensation, Anne-Mette Gulaker, acknowledges that it can be difficult to understand why the regulations are as they are. – It is, so to speak, impossible to find compensation in money that can make up for the death of a child in connection with childbirth – the loss of a child is irreplaceable. The compensation we can provide is to cover actual losses and expenses in connection with the death, says Gulaker. The rules for compensation are politics, and were adopted by the Storting in the early 2000s, when the new Patient Injury Act was introduced. Department director of Norwegian Patient Injury Compensation, Anne-Mette Gulaker, describes such cases as deeply tragic, for which money cannot compensate. Photo: William Jobling / news Can bring a case against the hospital Lawyer Benedikte Vinjum has previously worked in Norwegian Patient Injury Compensation (NPE). Now she helps many of those who need help to seek compensation after the unexpected death of a child. She says it is possible to make a direct claim against a hospital to get compensation. But; – I think it happens very rarely. Among other things, because the requirement is very strict. It requires either intent or gross negligence on the part of the hospital, and it is difficult to provide evidence for that, says Vinjum. Benedikte Vinjum is a lawyer, and has helped many who have experienced the unexpected death of a child to seek compensation. Photo: Mathias Sommerseth Kjellmo / news In addition, there is another factor. Before, claims for compensation could be made via NPE. That made it less burdensome for those who are in the middle of the crisis, she believes. – You may have to deal with the hospital later, for example if you are having a second child. Then some people think it is a burden to have taken legal action against the hospital you belong to. Before, you got a distance, says Vinjum. Unsure whether they will sue the hospital The Ministry of Health and Care Services states that restitution compensation to patients or survivors, where the health service has demonstrably failed, falls outside the scope of the patient injury scheme. Linda and Christoffer have complained about the sum they received from Norwegian Patient Injury Compensation. There is a 20-month processing time. They have not yet decided whether they want to take legal action against the hospital. – Should we use a lot of energy when you are already so far down? We should, of course, to fight for those who come after. But it seems a bit like a “lost case”, says Linda. Signe’s teddy bear now lives in the bed with big brother. The parents are following closely the court cases that have been and will be in Hordaland district court this year. Three parents have sued Haukeland University Hospital after their children died during and after birth. The parents lost the first case, now a decision is expected in the second. The outcome of these cases may have an impact on what Linda and Christoffer choose to do. – We were told that I almost had to have been abandoned in the delivery room in order to claim compensation. It takes an extremely large amount. And then you lose heart, really, says Linda. Published 03.07.2024, at 07.12
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Thinks compensation after hospital errors is too bad – news Troms and Finnmark
