Original (in Estonian): Madis Veskimägi, "Soovimatu ravitulemuseni võib viia juhus või ebaõnn" (An unwanted outcome may result from chance or misfortune), Meditsiiniuudised, 9 May 2024. Read the article
Date note: the date of this post (9 May 2024) is the date of the original publication. This English summary was written for this website in 2026.
In the Estonian medical weekly Meditsiiniuudised, family doctor Madis Veskimägi discussed how to distinguish a medical error from chance or misfortune, citing Olavi-Jüri Luik's earlier writing on the Hugo.legal portal.
Luik's position
Whether a diagnosis or treatment was faulty is first a medical rather than a legal question. A specialist from the same field should assess whether the problem was avoidable under general medical standards. Treatment below that standard is in substance a medical error. Estonian and European clinical guidelines serve as benchmarks, but need not be followed rigidly: a departure may be justified, and the healthcare provider must prove the justification.
Why it matters
This distinction is central to Estonian patient insurance. Under the Healthcare Provider's Compulsory Liability Insurance Act (tervishoiuteenuse osutaja kohustusliku vastutuskindlustuse seadus, TOKVS), the insurer compensates harm for which the provider is liable; an unwanted outcome within the ordinary risks of treatment is not an insured event. Expert opinion and medical records therefore drive both the patient's claim and the insurer's decision.