Applying for compensation on behalf of the patient

Print Bokmål | Nynorsk | 6. January 2021

The compensation claimant wishes to use an attorney

The compensation claimant must sign a power of attorney entitling another person to manage the matter with NPE. This could be a family member or close friend, for example. The attorney would then be able to sign the claim form. In addition to the power of attorney, NPE requires a copy of the compensation claimant's valid ID: such as passport, driving license or bank card showing their personal identification number. This is to ensure that the power of attorney has been signed by the compensation claimant.

The compensation claimant wishes to use a solicitor

The solicitor will sign the claim form. The compensation claimant does not need to provide a separate power of attorney as the solicitor is considered to be authorised to represent the compensation claimant due to their title.

More information

The compensation claimant is unable to sign the claim form

In some cases, the compensation claimant may be physically unable to sign the claim form, e.g. in connection with paralysis, amputation, following stroke and similar.

In such cases, NPE requires a formal medical statement, preferably from the treatment site or general practitioner, describing the situation and explaining why the compensation claimant is unable to sign. The declaration must specify who will be representing the compensation claimant when dealing with the case. The medical statement must be enclosed with the signed claim form.

The compensation claimant does not have the capacity to provide consent

In certain cases the compensation claimant will not have the capacity to understand what they are signing. This could be due to dementia, learning disabilities, brain damage with cognitive failure, coma or similar. In these cases, the compensation claimant will be unable to sign the claim form and cannot authorise NPE to investigate and process the claim. The compensation claimant will also not be able to provide valid authority to others, such as a spouse, child or acquaintance.

A guardian must be appointed in such cases. There is generally nothing preventing a spouse, adult child or similar from being appointed the guardian.

The compensation claimant is a minor

When the compensation claimant is a minor, the parent(s) who have parental responsibility will act as the guardian(s) of the child. They will be able to apply for compensation on behalf of the compensation claimant.

If the parent(s) do not have parental responsibility, are dead or similar, a different guardian will have been appointed. NPE requires confirmation that the person making the claim has been appointed the child's guardian.

In the event of death

If the patient is dead, the person applying for compensation must enclose a copy of the certificate of probate or other documentation showing who is entitled to inherit from the patient.