Legal assistance from a lawyer in patient injury cases
Have you suffered a patient injury and wish to claim compensation? Our experienced lawyers can assist you throughout the process of submitting a claim.
Submitting a compensation claim for an injury resulting from medical treatment is a complex process. There is no reason to assume that the Norwegian System of Patient Injury Compensation (NPE) acts as your legal representative or necessarily works to ensure that you receive what you are entitled to. For this reason, engaging a lawyer can be highly beneficial.
How to apply for patient injury compensation
Submitting the injury report to NPE
The case processing begins when you complete and submit an injury report to The Norwegian System of Patient Injury Compensation (NPE). NPE investigates whether the conditions for compensation are met. NPE will obtain a statement from the healthcare provider where the injury occurred, as well as other relevant documentation such as medical records.
In some cases, it is important to get help completing the description of the injury in the report submitted to NPE. It is crucial that all relevant aspects of the course of events are clearly presented, as this is often decisive when assessing whether the legal requirements for compensation are fulfilled.
Once NPE has gathered all relevant medical information, the case is referred to one of NPE’s medical advisers for assessment. Prior to this, the NPE case handler prepares a mandate with questions regarding the treatment provided and whether there was any failure in the treatment. You are given the opportunity to comment on the healthcare provider’s statement and on the expert opinion that is prepared. It is often important to receive qualified assistance in drafting these comments.
Legal assistance during this initial — but crucial — stage of the process must generally be paid by you. In 2018, 72% of cases resulted in rejection decisions.
Decision on compensation or rejection
If the conditions for compensation are met, NPE issues a liability decision confirming that you are entitled to compensation. You must then submit and calculate a total compensation claim covering the various heads of loss.
If NPE rejects your compensation claim, you may appeal the decision to the Patient Injury Appeals Board (Helseklage).
If your appeal is unsuccessful, the case may be brought before the courts.
Conditions for entitlement to compensation
The patient injury must be caused by failure in treatment, meaning that the injury must result from medical treatment, examination, diagnosis or follow‑up. If the injury is caused by the underlying condition for which you were treated, it is not considered a patient injury.
The patient injury must have resulted in an economic loss exceeding NOK 10,000 or caused a permanent and significant injury.
The claim must not be time‑barred. A compensation claim must be submitted no later than three years from the point at which you should have realised that the treatment — or lack of treatment — caused the injury.
What are you entitled to in patient injury compensation?
You are entitled to compensation for your full economic loss resulting from the patient injury. This may include additional expenses such as treatment, medication and travel, loss of ability to perform household work, and costs for assistance and care. You may also be entitled to compensation for loss of income and loss of a provider.
Loss of income usually arises after the sick‑pay period has ended, but may also occur earlier if you have lost income from overtime or additional work, or if you earned more than 6G (the National Insurance basic amount as of 1 May 2026: NOK 136 549).
Compensation for permanent impairment in patient injury cases
If you have suffered a permanent and significant patient injury exceeding 15%, you may be entitled to compensation for permanent impairment. The degree of permanent medical disability is determined using a specific disability table for personal injuries issued by the Ministry of Health and Social Affairs. The assessment is carried out by an expert medical specialist. We assist you in selecting an appropriate specialist, which is an important choice and may be decisive for the outcome of the case.
Final compensation claim
The timing for submitting a final compensation claim varies depending on the nature and extent of the injury. Normally, the appropriate time is when an expert assessment of the injury has been obtained. Such an assessment is usually carried out no earlier than two years after the injury, once treatment has been completed and the injury has stabilised.
If the injury has resulted in you being completely unable to work, it may be appropriate to wait until NAV has assessed whether a disability pension will be granted. This process may take three to four years. Although NPE is not bound by NAV’s decision, it carries significant weight. If the compensation settlement is finalised before NAV has completed its assessment, you must at least have tested your work capacity so that there is a basis for assessing your future prospects and calculating your future loss.
Do you need a lawyer, and when do you have to pay yourself?
If your compensation claim is upheld, NPE will cover all legal costs related to the calculation of the compensation. We assist you in submitting a comprehensive claim covering all heads of loss. There is no reason to assume that NPE acts as your lawyer or works to ensure that you receive the compensation you are entitled to. Engaging a lawyer gives you everything to gain and nothing to lose.
If your claim is rejected, you should consider — within the three‑week appeal deadline — whether to have a lawyer review the decision and submit an appeal to the Patient Injury Appeals Board (Helseklage). You must pay for this work yourself, but if the appeal is successful, the legal costs incurred in connection with the appeal will be reimbursed.
Our lawyers can help you with your patient injury case
We are a law firm with specialist expertise and more than 25 years of experience in personal injury law, including patient injuries, workplace injuries and traffic injuries.
Professional legal assistance is crucial to safeguarding your rights and ensuring that you receive the compensation you are entitled to. Our experienced lawyers are ready to help you with your case.
The initial consultation, conducted as a telephone call, is free of charge.
