Man with head injury - basis for NPE liability (Borgarting Court of Appeal)

Patient injury

As a result of a brain haemorrhage, a 41-year-old man suffered a serious brain injury with significant functional impairment and extensive need for help.

In 2009, he visited his GP's office and the emergency room a total of six times over the course of 11 days because of a new, severe headache. The doctor assessed this to be swine flu and he was prescribed Tamiflu and painkillers.

A notice of injury was sent to NPE in December 2010, claiming that the injury was due to delayed/inadequate diagnosis. NPE denied liability, and the denial was upheld by PSN in March 2013. The injured party decided to file a lawsuit with Oslo District Court, where he was successful in his claim that the injury was due to a failure in the provision of health care. PSN appealed the judgement to the Court of Appeal.

In Borgarting Court of Appeal's judgment of 7 January 2015, the court ruled that it was a failure in the medical care that the headache was not examined more closely and that it was likely that a closer examination would have revealed a warning haemorrhage. The Court of Appeal therefore ruled that there was liability for damages pursuant to Section 2, first paragraph, letter a of the Patient Injury Act. The injured party was awarded full legal costs in the District Court and the Court of Appeal, as well as in connection with the appeal to PSN.

Settlement	2015
client	man
Damage	Cerebral haemorrhage, cognitive damage
MI/disability	90 % VMI, 100 % disabled
Dispute	Basis of liability
Special offers	No basis for liability
Results	Basis of liability, claim for damages (Borgarting LM)