21 February 2011
The NHS in Scotland is to move to a system of no-fault compensation following a review by experts.
The review group, established by Scottish Health Secretary Nicola Sturgeon in 2009 to explore the merits of no-fault compensation, published its recommendations yesterday.
No-fault schemes mean that patients who have suffered loss or injury following treatment would not have to take the NHS to court in order to receive compensation. Patients would still be required to prove that harm was caused by treatment, but not that it was the result of negligence.
The review found that more cases would be resolved under this system and it was unlikely to cost more than the NHS currently pays out in compensation and legal fees.
Sturgeon accepted the expert group’s recommendations, saying: ‘It’s in no one’s best interests to have redress delayed because a compensation claim can take years to go through the courts and nor is it in anyone’s interests to have precious NHS resources spent on expensive legal fees.
‘No-fault compensation would be a sensible way to ensure people who have been affected are compensated without tying up either patients or the health service in years of litigation. It’s very encouraging that the review group’s report has recommended this system.’
Sturgeon added that the next step was to conduct a through analysis of how a no-fault scheme would work in practice, including an assessment of any cost implications.
Professor Sheila McLean, chair of the No-Fault Compensation Review Group, said she was delighted that the group’s recommendations had been accepted.
‘It is important that the aim of any compensation scheme should be to facilitate access to justice, provide appropriate compensation for injured patients and ensure proper and timely adjudication of claims,’ she said.
No-fault compensation systems are already in place in Sweden, Finland, Denmark, New Zealand and parts of the US.
