Original (in Estonian): ""Pealtnägija": naise sõnul rikkusid järjestikused ravivead tema tervise", ERR, 19 October 2022. Read and watch on ERR
Date note: the date of this post (19 October 2022) is the date of the original publication. This English summary was written for this website in 2026.
Estonian public broadcaster ERR's investigative programme "Pealtnägija" examined compensation for medical errors. Olavi-Jüri Luik, then an attorney at LEXTAL, explained the legal position.
Key points
The patient must prove that the specific treatment was faulty and the harm avoidable, which is practically impossible without a second medical opinion. Where an error is clear, providers often prefer a confidential settlement. Luik also noted that the possibility of personal criminal liability for doctors encourages denial of errors and prevents learning from them. He saw compulsory liability insurance, allowing the patient to claim against the provider's insurer, as the solution.
What has changed since
The Healthcare Provider's Compulsory Liability Insurance Act (tervishoiuteenuse osutaja kohustusliku vastutuskindlustuse seadus, TOKVS) entered into force on 1 November 2024, later than the mid-2024 date expected in 2022. It is a liability insurance scheme: compensation still requires the provider's liability, but the claim is handled by the insurer and disputes can go to a conciliation committee. TOKVS did not abolish the criminal liability of healthcare professionals, but § 205³ of the Code of Criminal Procedure, added as part of the reform, allows the Office of the Prosecutor General, under statutory conditions, to terminate criminal proceedings against a healthcare professional who negligently caused a patient's death or serious damage to health in the course of providing healthcare; among other things, this requires prompt and proper reporting of the patient safety incident. See the act on Riigi Teataja.