When is pharmaceutical product damage ineligible for compensation?

Using pharmaceutical products involves the possibility of various adverse reactions. Medicines that are quite likely to have more than mild side effects are sometimes prescribed for a patient when the associated risk is considered necessary. No compensation is payable for pharmaceutical product damage in the form of an illness or injury arising from the taking of medically necessary risks when treating an illness or injury that could be fatal or cause severe bodily impairment if left untreated.

Neither is compensation payable if the adverse reaction to a medicine should have been reasonably tolerable, having regard to such factors as the nature of the illness or injury treated, the general health of the injured party, the extent of the injury, and the ability and opportunity of a specialist to anticipate the effects of the medication.

Minor injury is ineligible

Pharmaceutical insurance does not cover the failure of a medicine to have the intended effects on the illness or injury treated.

It may only compensate for adverse reactions to appropriate medication. A failure to satisfy the standards of an experienced professional when prescribing or administering medicines, or an injury caused by misdispensing a prescription medicine supplied by a pharmacy in a manner contrary to the prescription or to regulations may be eligible for compensation under the Patient Injuries Act. Claims for compensation of this kind are pursued by notifying the Finnish Patient Insurance Centre.

Various forms of unlawful conduct and malpractice related to the acquisition and use of medicines are also excluded under the terms and conditions of insurance.