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A Study of Medical Negligence Claiming in Scotland

Description
ISBN9781780458496
Official Print Publication Date
Website Publication DateJune 07, 2012

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ISBN 978 1 78045 849 6 (Web publication only)
ISSN 2045 6964
DPPAS 13043

This document is also available in pdf format (856k)

This report is accompanied by research findings

Frank Stephen, Angela Melville and Tammy Krause[1]
School of Law, University of Manchester

Contents

Table of Contents

EXECUTIVE SUMMARY
Introduction
Aims and objectives
Methods
Key findings
Conclusions

CHAPTER 1: INTRODUCTION
The current system of medical negligence compensation in Scotland
The argument for reform
Aims and objectives of the research
Research history on medical negligence
Research methods

CHAPTER 2: RESULTS OF THE STUDY OF PRESENT SYSTEM
Adverse events
Patient grievances
Complaints
Supporting patients through the complaints process
Medical negligence claims
Relationship between complaints process and claiming
Barriers to claiming
Pursuers' motivations
Pursuers want their perceptions validation
Need for an explanation
Desire to protect future patients
Need for an apology
Desire for financial compensation
Funding for claims
Legal specialisation
Initial investigation and disclosure of errors
Sources of delay
Claim outcomes
Claim costs
Potential impact of an alternative scheme

CHAPTER 3 CONCLUSIONS

APPENDIX EXPENDITURE IMPLICATIONS OF PROPOSED 'NO FAULT' SCHEME
Introduction
Existing system baseline estimate
Generating estimates of expenditure under NFS
Assumptions
Estimates of expenditure

REFERENCES

List of figures and tables

Table 1 Number of Medical Complaints since 2006

Figure 1 Number of Claims Received since 1992

Figure 2 Length of Claim

Table 2 Reason Case Closed 1998 - 2010

Figure 3 Percentage of Closed Claims Settled 1998 - 2009

Figure 4 Low Value Closed Claims

Figure 5 Total Awards and Costs of Closed Claims

Figure 6 Total Awards and Number of Settled Claims

Figure 7 Average Award, Costs and Expenditure for Settled Claims with Award below £20,000

Figure 8 Average Costs as a Percentage of Average Award for Awards Below £20,000

Figure 9 Figure A1Costs of Unsettled ClaimsAwards and Expenditure on Closed Claims by year claim closed 2004 - 2009

Figure A1 Awards and Expenditure on Closed claims by year claim closed 2004 - 2009

Figure A2 Expenditure on Settled Claims: Current System and No Fault

Table A1 Estimates of Expenditure

The views expressed in this report are those of the researcher and do not necessarily represent those of the Department or Scottish Ministers.