Original (in Estonian): ""Pealtnägija": tuhandetel Eesti naistel võib olla ohtlik rinnaimplantaat", ERR, 6 May 2026. Read and watch on ERR
Date note: the date of this post (6 May 2026) is the date of the original publication. This English summary was written for this website in 2026.
ERR's "Pealtnägija" examined a type of breast implant recalled internationally by the manufacturer in 2019 because of cancer risk. Patients in Estonia were not systematically informed. Olavi-Jüri Luik assessed who bore the duty to inform.
Key points
The Health Board could have publicised the recall more widely, but in Luik's view the primary duty lay with the healthcare providers that performed the procedures. The 2019 recall was the latest point at which doctors should have acted. Clinics hold purchase records and implant numbers, so affected patients can be identified. The state should push clinics to contact and examine patients, since authorities themselves have no access to patient records.
Why it matters
The case shows that a provider's duties do not end with the procedure. Claims must distinguish the provider's liability under the healthcare services contract from the manufacturer's liability for a defective product. Whether such claims fall within the Healthcare Provider's Compulsory Liability Insurance Act (tervishoiuteenuse osutaja kohustusliku vastutuskindlustuse seadus, TOKVS) depends on the timing of the insured event and the act's transitional rules, since the act entered into force only on 1 November 2024 (TOKVS § 36(1)).