On Compensation for Health Damage

Since 2020, Lithuania has implemented a no-fault compensation system for harm caused to a patient’s health during the provision of healthcare services, provided that the harm is not classified as unavoidable.

This means that, to receive compensation, a patient no longer needs to prove the fault of medical staff. Instead, they must demonstrate that:
1)    Harm to the patient’s health, injury, or death has occurred;
2)   The harm was not unavoidable, based on whether the healthcare services complied with medical and nursing science standards and best medical practices at the time they were provided;
3)   There is a causal link between the healthcare services provided and the harm suffered.

To apply for compensation, the patient—or another eligible person under Article 13 of the Law on the Rights of Patients and Compensation for Damage to Health (hereinafter, the Law)—must submit an application to the Commission for the Determination of Damage to Patients’ Health (hereinafter, the Commission).

The Commission, following the Procedure for Compensation of Pecuniary and Non-pecuniary Damage Caused to Patients’ Health, approved by Resolution No. 3 of the Government of the Republic of Lithuania on January 8, 2020, examines applications and determines whether compensation should be granted and in what amount.

Compensation is granted if the Commission finds that harm occurred during provision of healthcare services and that the harm was not unavoidable. Harm is considered unavoidable if it meets at least one of the following criteria:

• It results from a pre-existing disease or condition and could not have been prevented given the level of medical and nursing science and best practice at the time of care.
• It is caused by the patient’s individual characteristics.
• It arises from the pharmacological properties of medicines used in accordance with approved product information, diagnostic and treatment descriptions, methodologies, and/or protocols.

For details on how to submit an application and the compensation procedure, visit this page. 

Compensation is paid from a special fund administered by the National Health Insurance Fund under the Ministry of Health. This fund is financed by mandatory contributions from healthcare providers.

Under Article 27 of the Law, all healthcare providers must contribute to this fund. Contribution rates depend on the type of healthcare services provided and are set at either 0.1% or 0.2% of the amounts specified in paragraph 3 of the same article, but not less than 100 euros per calendar year.