Public Patient Insurance Association

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Won the case, but got no compensation from the Public Patient Insurance Association

While the Terrida family had their complaints assessed by the Agency for Patient Rights and Complaints, the Public Patient Insurance  was also assessing the treatment of Danilo. While the Agency for Patient Rights and Complaints was considering whether the doctors whould receive any criticism, it was the task of the Public Patient Insurance  to decide whether Danilo’s family was entitled to economic compensation. Such a compensation can only be obtained if the patient is damaged by a treatment or medicine. The Public Patient Insurance therefore also considered whether Danilo’s suicide could be treated as a damage caused by the pills as well as the treatment.

Faulty rulings
When Danilo’s parents first complained to the Public Patient Insurance in 2012, they had no idea that they had two years of fighting ahead of them. Just like with the Agency for Patient Rights and Complaints, the Public Patient Insurance did not investigate the case further, and Marianne and Denis experienced that they did not take any independent assessments, but completely uncritically based their conclusions on the assessments of the other entities. When Marianne and Denis found new information in the case and passed these on to the Agency for Patient Rights and Complaints, the Public Patient Insurance was also informed that there were further additions to the case, and that these had to be part of the assessment. Despite this, the Public Patient Insurance decided not to incorporate this new information in their ruling, and the complaint of the Terrida Family was dismissed. But, if Danilo’s suicide had to be recognized as a patient damage, it was only the Public Patient Insurance who could do it, and therefore the family decided to appeal the decision to the Patient Board of Appeal. The Board decided that the Public Patient Insurance had to assess the case again, and this time also consider the new information – but the Public Patient Insurance withheld their ruling: there was no compensation. Again, Danilo’s family appealed the ruling, and this time, more than two years after the first complaint, the Patient Board of Appeal made a ruling that among Danish media was considered a sensation: the Board recognized that Danilo was inflicted damage as a consequence of the treatment he received from his doctor. In other words: Danilo’s suicide was now considered a damage to the patient.

0 kroner in compensation
While Marianne and Denis still felt that they finally had received recognition in the system, the size of the compensation came as a shock to them. Danilo’s suicide was valued at 0 kroner. They had lost their child, and it was now recognized that his death was a patient damage, but now they received the message that the compensation was 0 kroner. The Public Patient Insurance explained that according to the law, they are not able to compensate for the pain and sorrow, that those left behind have, but are only able to compensate for the economic loss. And as Danilo only provided for himself, the compensation was assessed to be 0 kroner. The Public Patient Insurance instead offered to pay the costs for Danilo’s funeral, but this was dismissed by Marianne and Denis . To them, Danilo’s funeral was a private matter for family, and it would be directly humiliating if the public system should interfere in such an emotional situation. However, the parents had had large costs in relation to the lawyer, as the case had been protracted for years, and instead sought to get compensation for this by the insurance. After all, it was the Public Patient Insurance, who, in several rounds, erroneously had rejected to recognize the suicide as a patient damage, and as ordinary people without juridical knowledge, Marianne and Denis had to seek juridical assistance, if they shouldn’t give up half-way. However, the Public Patient Insurance rejected to pay the costs that the Terrida family had incurred.

No economic consequences
For Danilo’s family, the goal of the complaint to the Public Patient Insurance was never to gain any money from the death of their son. No amount of money would ever replace the brother and son who was torn away from them as a consequence of faulty treatment. For Marianne and Denis , it is a fight for the truth about the doctor’s irresponsible way of treating dangerous medicine, a fight for justice for their son and that there has to be placed a responsibility for the mistakes that have been made.
Marianne and Denis do not want any money from the doctor, who has is guilty in having given Danilo a faulty treatment. But they wish that General Practitioners – who are self-employed – can be subject to a personal economic responsibility for their actions. This is both because the doctors have to be held responsible for their actions, but also for the preventive effect this can have when self-employers can be punished economically for their mistakes. Today, it works instead so that an eventual compensation does not come from the doctor who is responsible for the treatment, but instead from the public service. This means that there is no personal consequence for the doctor causing the damage. It is the public system that takes responsibility for the mistakes caused by the doctor, while it is also the public system that decided whether the compensation should be paid or not. It is the wish of the Terrida Family to change this.

Civil court excluded
Danilo’s parent had for a long time hoped that they could get the case brought for a civil judge, who was not a part of the Healthcare System. This is the only way that the family can feel that Danilo’s practitioner can be held responsible for his actions, and avoid the system that, according to them, only superficially examined the case, and made erroneous conclusions, and solely looked at the changed records. All of this, the family feels has been done in an attempt to cover up the Healthcare system’s own mistakes and the doctors who are also a part of Healthcare entity. However, the possibility for a civil lawsuit is now gone, as it is only possible to sue people if there is a possibility to get compensation. And as the family already has been given a compensation of 0 kroner, they can no longer sue anybody in the case.

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