Scotland waiting for a no-fault compensation scheme
The government of Scotland has set up a group of experts to consider the feasibility of introducing a no-fault compensation system.
According to the present system, the compensation given in case of a medical negligence depends on proving legal responsibility and clinical negligence.
However, if the system of a no-fault compensation is introduced, then patients will be able to claim compensation even if negligence cannot be proved.
The Health Secretary, Nicola Sturgeon, has created a group of experts that is led by Glasgow University's Professor Sheila McLean. The main aim of this group would be to determine whether the idea of a no-fault compensation will work or not.
Ms Sturgeon said: “In our recent consultation on a Patient's Rights Bill, we made it clear that we would look at the potential benefits for patients in Scotland of a no-fault compensation scheme.”
The present compensation scenario
According to recently revealed figures, the clinical negligence payout in Scotland has increased six folds over the last 10 years.
An investigation report submitted by Scotland’s leading news paper, ‘The Scottish Sun’ has revealed that 13 health boards have had to shell out £72.5million in numerous cases of medical negligence.
According to the present compensation system in Scotland, the victim’s solicitors have to prove that the problematic condition was caused by the NHS or its staff, and they had a legal responsibility to avert the problem.
The proposed no-fault system
According to the proposed no-fault system, the expert group of ministers will determine the feasibility of a system that would enable patients to avail compensation even if no responsibility has been established.
This system would still require the patients to prove that the injuries were caused during the medical treatment; however establishing responsibility of the hospital would not be required.
Professor Sheila McLean commented that: “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.”
In the response to the consultation on the proposed Patient Rights Bill, the BMA in Scotland, said: “BMA Scotland has long favoured the introduction of no-fault compensation as a means of providing appropriate and timely compensation and support to those who suffer personal injury through medical mishap in a less adversarial system. 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.”
Evidence from other countries who have adopted this system show that no-fault compensation scheme would significantly reduce administrative & legal cost associated with a medical negligence scheme. Further, it would also result in quick resolving of a medical negligence case.
A few questions regarding this proposed system
Although a no-fault compensation system is aimed to simplify the claim process, there are a few doubts regarding the functioning of this system. One such apprehension regarding this system is that it could lead to under compensation, especially for those who are seriously injured or for relatives of individuals who have died.
Another apprehension is regarding the total expenditure that will be incurred by the NHS in implementing a no-fault compensation scheme. This scheme would definitely require resources for delivering reviews and dealing with appeals.
Even though it is surrounded by a few apprehensions, the public of Scotland is eagerly awaiting the final report of the expert panel regarding their decision of implementing or not implementing a no-fault compensation scheme in Scotland.
Updated on 9/24/2009