Consultation on Recommendations for No-Fault Compensation in Scotland for Injuries Resulting from Clinical Treatment
This consultation is for anyone who would be affected in anyway by a change in compensation arrangements for injuries resulting from clinical treatment. We are seeking views on the recommendations of the No-fault Compensation Review Group established in 2009 to consider the potential benefits for patients in Scotland of a no-fault compensation scheme.
2. Current system
2.1 Currently "the NHS does not pay compensation when it has no legal liability for the harm suffered by the patient". In order to obtain compensation for harm arising out of clinical treatment patients need to show that there was negligence i.e. "damage wrongfully caused". The test for establishing negligence requires the pursuer to establish three elements. There must be loss, injury or damage; a breach of a duty of care; and this breach must have caused the harm complained of (causation).
2.2 Consideration of claims for payment of compensation under the current Scottish scheme can be a lengthy and difficult process for those involved (see Annex B for the Review Group's analysis of problems with the existing system).
2.3 The Central Legal Office (CLO) handles claims on behalf of NHS Boards and successful claims can result in an out-of-court settlement or successful litigation. The NHS funds awards on claims made against directly employed staff of NHS Health Boards whilst claims against independent Primary Care Service providers, (such as GPs, dentists, opticians and pharmacists) and private healthcare practitioners, are handled by their respective defence organisations.
Contact
Email: Sandra Falconer
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