A NEW no-fault compensation scheme for people harmed during NHS treatment could lead to an increase in claims made against the health service, the health secretary admitted yesterday.
An expert group has been set up to examine a change in the way patients are compensated by the NHS.
Compensation for medical injuries currently depends on not just proving that the problem was caused by the NHS, but also that there was legal resp
onsibility and clinical negligence.
But if introduced, a no-fault approach would mean that while it was still necessary to prove that the injuries were caused by medical treatment, the patient would not have to establish any responsibility or blame.
It could mean that more patients would receive compensation without having to go through a lengthy legal process.
Nicola Sturgeon said that of the £14.5 million handed out in 182 clinical negligence cases settled in 2007-8, a total of 17 per cent – £2.5m – went on legal costs.
She said that in New Zealand, which has a no-fault compensation system, legal costs account-ed for 10 per cent of total pay-outs.
But concerns have been expressed about an American-style litigation culture developing in Scotland, with compensation cases rising as it becomes easier.
Potentially, thousands of patients diagnosed with hospital- acquired infections, such as MRSA and Clostridium difficile, could more easily make claims under a no-fault system
Ms Sturgeon said there was a number of "practical implications" which would be considered by the expert group, which will not submit its report on the issue until October 2010.
