Publication - Consultation paper

'No-Blame' Redress scheme

Published: 23 Mar 2016
Part of:
Health and social care
ISBN:
9781786521477

This public consultation seeks views on draft proposals for a ‘No-blame’ Redress Scheme in Scotland for Harm Resulting from Clinical Treatment.

Annex B

Outline of Proposed 'No-blame' Redress Scheme

Principles

Supporting Processes

1. Be non-retrospective

2. Scope will be restricted to cover clinical treatment administered by directly employed NHSS staff currently covered by the existing CNORIS scheme

3. Will offer redress for eligible cases of causally connected avoidable harm for claims up to £100,000. Harm which has, or is likely to be, experienced by the person for a continuous period of at least 6 months.
(70% of awards currently made under CNORIS are settled at under £100,000)

Will ensure consistent investigation, reporting and complaints processes to establish whether harm caused was avoidable (or known risk) and whether treatment fell short of reasonable care.
Existing infrastructure will be used and developed to deliver the scheme- administered through NSS-CLO with independent medical input.

4. Patients will retain the right to litigate but will not allow "double-dipping"

Guidance and leaflets will make this clear to patients at outset. Eligible claims will be handled through the no-blame procedure. If a patient accepts an award offered under the new Scheme they would not then be able to use that to raise a legal claim for negligence.

5. NHS Scotland's focus remains on prevention and patient safety, reducing risks and patient injuries and learning from mistakes and positive patient experience

When things do go wrong and a patient is harmed a fairer, faster simpler system of redress should be available.

6. Move away from the "blame culture" - admitting where we get it wrong, apologising and compensating quickly when appropriate to do so

Fairer, faster simpler system will fit with existing Board processes for handling and learning from feedback, comments, concerns or complaints and proposed new Duty of Candour procedure.

7. Will exclude more complex, higher value claims - which will continue to be handled through the Courts, where patients can be represented appropriately.

Management of cases through the Courts will benefit from improvements made through the Court Reform Act 2014. Compulsory use of a new Pre-Action protocol (imposed by rule of Court) will also speed up claims handling by the Courts.

8. Settlements will be based on Judicial College guidelines
(Care costs will also be reduced through proposed repeal of Section 2 of the Personal Injury Act 1948)

Funding will be through a combination of Boards' contributions to the CNORIS scheme plus additional SG funding. The CNORIS scheme excess of £25,000 will remain.

9. Subject to an independent review and appeals process

A process will be developed to ensure the new scheme is compliant with ECHR and the patient's right of appeal.


Contact

Email: no-blameredressscheme@gov.scot