NHS redress scheme under scrutiny
A landmark piece of legislation labelled NHS Redress was launched to give Wales the power to introduce a no-blame system for patients of medical negligence.
Its production was meant to create a fairer initiative for all in the health service.
However, just six months before its opening, serious worries are now being raised about whether NHS Redress will really work for the country.
The legislation is the first made-in-Wales document to be passed under new law-making agreements for the nation and was designed to reform complaints and compensation claims forwarded to the NHS.
The legislation highlights the fact that the health sector should do all it can in its power to correct professional negligence blunders and to learn lessons to prevent mistakes from happening again.
Fears over document
Despite the draft regulations, designed to bring the measure into daily use, possessing good intentions and honourable deeds, there are concerns that the proposal will not work in everyday life.
The Welsh Assembly Government’s ‘Putting Things Right’ consultation document, which outlines the proposals for how NHS complaints will be handled in the future, states:
“We feel that this can be done by improving the arrangements already in place to support all staff to be open with people when something has gone wrong and by developing further the skills and experience of staff who will investigate concerns.
“We also think that by giving health organisations the tools and techniques they need to carry out better investigations, more people will be satisfied with the result.”
Ken Thomas, a clinical negligence solicitor with a South Wales law firm, said: “We all want to see improvements in the way healthcare bodies deal with failures of care.
“I am all for reviewing the current scheme for pursuing clinical negligence matters here and in England but that is only if it is ultimately going to be change for the better. As the proposals are currently drafted, that is not necessarily the case.”
And Theo Huckle, a Cardiff-based barrister specialising in personal injury, stated: “It is a laudable aim but when dealing with concerns about ineffective treatment or treatment that makes people worse or renders them disabled, either temporarily or permanently, there are problems with a lack of independent investigation and lack of advice for the complainant.”
He furthered: “In many respects this is a souped-up internal complaints procedure – it’s akin to what I would expect to be in place in any well-run organisation and one wonders why we need statutory provision to establish it, if that’s what it’s going to achieve. M&S doesn’t need an Act of Parliament to put in place a proper customer service set up to investigate complaints and treat the consumer well.”
The document, at heart, appeals to the issue that patients have the right to complain and all woes will be investigated by a qualified team of individuals in each of the seven health boards.
This idea has again led to fears that the system will neither be independent nor fair. Dr Tony Calland, former chairman of the British Medical Association’s Welsh Council, commented: “I think everyone supports the principle of a system where people who have suffered some kind of aggravation have a legitimate complaint dealt with properly and those who have been damaged in any way get quick redress.
“But one of the biggest issues for the BMA is that the people who will be investigating complaints will be the health boards – we’re looking at a complaint against a health board being investigated by that health board, which, in my book, flags up a conflict of interest.
“There is also a lot of talk about having properly-trained people carrying out these investigations. If you want properly-trained people, who are seen to be independent, then you need an all-Wales body,” he stated.
Individuals asked in a consultation, which closed on April 2, also raised concerns over these teams and if they can truly be independent.
Therefore, it seems that the majority desire a single all-Wales body to handle their complaints, that way patients feel their voices will be heard.
Updated on 4/13/2010