This article describes the case of an unusual serious incident that occurred during treatment, where damage to health was not caused by the health care provider. In general, it is assumed that liability for damage whilst in care is usually accounted to the health care provider. However, there are doubts in cases where damage to health occurred in a health care facility and in connection with health care, but was caused by a person, or persons, other than the health care provider. The article concludes with the opinion that liability cannot lie with the physicians, nurses or the health care facility.

        Key words: health care, liability for damage to health.