Overhaul for NHS clinical negligence scheme announced
Health Secretary Alan Milburn has announced a major
overhaul of the system of National Health Service clinical negligence
compensation in the hospital service in England. Mr Milburn described
the system as slow and bureaucratic, with claimants often awarded damages
that are far less than the legal costs incurred. Furthermore, the system
contributes to a blame culture that prevents the NHS being open about
errors and learning from mistakes. In a recent report from the National
Audit Office (Handling negligence claims in England, May 2001) 41 per
cent of claimants interviewed said that they might have been dissuaded
from taking legal action had they been given a proper explanation and
apology, prompt compensation and evidence that the mistake made in their
case would be corrected in the future.
The Chief Medical Officer, Professor Liam Donaldson,
will chair a committee to look at ways to make the system faster and fairer
for patients and healthcare professionals, including pharmacists. Areas
the committee will be investigating include:
- no-fault compensation to save time and costs
- structured settlements allowing patients to receive
periodic payments over time, based on their future needs, rather than
a lump sum as at present
- a scheme which has fixed tariffs for specific
injuries
- a greater use of mediation to resolve disputes
The findings will be published in a White Paper early
in 2002.
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