Victims of medical negligence could soon make "quickie" compensation claims without having to prove the responsibility of individuals or organisations under a new scheme to be examined in Scotland.
Victims of medical negligence could soon make "quickie" compensation claims without having to prove the responsibility of individuals or organisations under a new scheme to be examined in Scotland.
Experts are to investigate whether NHS patients should be able to claim compensation even if negligence cannot be proved, the Scottish Government said yesterday.
The present "unpleasant and stressful" system of compensation depends on proving legal responsibility and clinical negligence and can lead to lengthy and expensive court cases, which in itself can put people off any attempt to claim redress.
The SNP government pledged to introduce a no fault scheme in its 2007 manifesto. It said an NHS Redress Bill would provide an alternative to pursuing a medical negligence claim without a long legal battle.
Under a no fault system, a patient would have to prove injuries were caused by medical treatment but would not have to establish blame or responsibility, which is similar, says the government, to the system for criminal injuries compensation.
Health Secretary Nicola Sturgeon has appointed Professor Sheila McLean, director of the institute of law and ethics at Glasgow University, to chair an expert group. Membership will be drawn from organisations including the BMA, GMC, RCN and some patients.
The Herald revealed in March that the family of a boy left severely disabled at birth by a hospital blunder has won £5.25m in Scotland's biggest NHS compensation payout.
Figures showed that clinical negligence payouts have increased sixfold in just under 10 years.
The boy's family had battled for years for compensation for their son, who is now aged nine, after they made a claim against the former Argyll and Clyde Acute Hospitals NHS Trust. The record award was made by NHS Greater Glasgow and Clyde.
How such cases have been handled will be scrutinised.
Ms McLean said: "The review group will evaluate both the principles and the practice underpinning no-fault liability, drawing on evidence from existing schemes, and considering their applicability to the Scottish legal situation."
Dr Peter Terry, Chairman of the BMA in Scotland, said: "BMA Scotland has long favoured the introduction of no-fault compensation as a less adversarial system of providing appropriate and timely compensation and support to those who suffer personal injury through medical mishap. Too often the current system of compensation results in unpleasant, stressful, drawn-out procedures for all those involved, with significant legal bills incurred by the tax payer."
The number of clinical negligence cases in Scotland varies from year to year; in the latest year for which figures are available, 2007-08, there were 182 cases settled and the total sum paid was £14.5m.
International evidence suggests no-fault compensation cuts administrative and legal costs of handling claims and is quicker in resolving cases.
But critics fear that without a safeguard specifically preventing medical negligence claims being made a complicated two-speed system could emerge and create greater confusion, with concerns of separate legal challenges being raised half way through a no-fault claim as patients or their families learn more of the details of the case.
Ms Sturgeon said the expert group would first of all consider if a no fault compensation scheme should be introduced in Scotland and "if so how this would work alongside the existing clinical negligence arrangements for the benefit of patients and NHS staff alike".
