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According to Aušrinė Storpirštienė, Advisor to the Legal Division of the Ministry of Health (SAM), according to the law, the damage to the patient’s health is compensated if it was caused by the provision of personal health care services and could have been avoided.
“Therefore, if a patient is found to have contracted COVID-19 at a healthcare facility while providing healthcare, and this could have been prevented, property and non-pecuniary damage sustained should be reimbursed from an account managed by the State Health Insurance (VLK) “. A. Storpirštienė noted in the comment sent to BNS.
According to her, if the death of the patient had been claimed, it would first have to be determined if the cause of death was precisely the COVID-19 disease with which the health institution contracted and if the death could have been prevented.
“If the answers to both questions are positive, the property and non-property damage caused by the patient’s death must be compensated with the account managed by VLK,” said SAM’s attorney.
He noted that if it were established that the patient had intentionally or grossly contributed to the harm, for example, by not following the rules, the treatment regimen prescribed by the doctor, etc., the harm would not be reimbursed or the benefit would be reduced.
In each case, the patient’s health compensation commission decides the compensation.
According to SAM, the commission has yet to receive any claims for damages for a coronavirus infection.
According to data on Friday, COVID-19 was detected in 1604 people in Lithuania, 61 people died.
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