The Scottish government has announced (20 February 2011) that its plan to reform the system of NHS compensation claims in Scotland has been backed by a panel of independent experts.
The No-Fault Compensation Review Group set up by the Health Secretary in 2009 and headed by Professor Sheila McLean, an expert in law and medical ethics, has now recommended changing the current adversarial court system to one of no-fault compensation.
The proposed new system would still require proof that harm was caused by treatment but would remove the need to prove negligence.
The review group suggests more patients could have claims resolved under such a system than currently achieve resolution through the courts. Interestingly the group also considers that the costs of the scheme would potentially be the same as the NHS currently pays in compensation and legal fees.
No-fault systems are already in place in Sweden, New Zealand, Finland, Denmark and Norway and parts of the United States but this is the first time that such a scheme has been proposed in the UK. Whether the scheme will in fact be implemented will depend on whether the Scottish Health Secretary, Nicola Sturgeon, can get the proposal through the Scottish Parliament. We will now have to wait and see, in the words of the famous Scottish song, how
“ … Brave are the hearts that beat
Beneath Scottish skies…..”