Pharmaceutical Injury Insurance in the Nordic countries – an alternative to the traditional law of tort

Abstract

The problem of litigation brought against physicians, pharmaceutical companies and pharmacies for alleged injury as a result of drug treatment is an increasing one throughout the world. The shortcomings of litigation as a means of solving conflicts and providing remedies are evident; it is slow, complex, extremely costly, and sometimes unfair. An alternative approach is offered by the various “pharmaceutical insurance” schemes which exists in the Nordic countries, that in Sweden having been operative for the longest period. This critical account of the Nordic systems of compensation may provide a starting point for developing non-litigious approaches to the problem of drug-induced injury elsewhere. In particular, one may note the manner in which Product Liability Legislation according to the E.C. model and “pharmaceutical insurance” schemes according to the Nordic model can usefully complement one another.