An analysis of closed claims related to death in the Danish health care system
Keywords:
Closed claims, patient death, injury, malpractice, no-blame no-fault system and patient safety.Abstract
Studies based on closed claims are important in our efforts to improve patient safety. The
circumstances of the worst possible outcome of medical treatment: patient deaths from a complication
to treatment were investigated. This retrospective study investigated closed claims concerned with
medical-related deaths registered by the Danish Patient Insurance Association (DPIA). The present
study used data from all reported complications from medical treatment in the primary health care and
hospitals setting in Denmark. The results revealed from 1996 to 2008, 45,953 claims were made to the
DPIA covering all medical specialties. Of these, 836 patients died as a result of treatment or lack of
treatment. The total cost of the 836 claims was 40.0 million € corresponding to an average
compensation of 59,300 € per approved case (range: 1,500 -1,200,000 €). The majority of deaths
involved generally healthy patients. Almost every clinical speciality reported deaths as a result of an
adverse event. Surgery accounted for the largest group of deaths, with 279 deaths occurring as a direct
result of surgical treatment and 145 deaths caused by surgical treatment that came too late or no
surgical treatment at all despite valid indications. Fifty-four patients died as a result of substandard
treatment in primary care, and 782 patients died as a result of treatment at a hospital. Of the 836
submitted claims, 435 deaths were considered by the DPIA or the courts of law as a result of
substandard care and considered preventable. This study thus gives an overview of the claims
concerning deaths in the Danish healthcare system.

