Government announces NHS claims Bill

The government has unveiled plans to introduce a faster system to deal with NHS complaints, without having to go to court.

Under the NHS Redress Bill, patients will no longer have to go to court to get compensation, care, apologies or investigation if something goes wrong with their NHS treatment.

The NHS Redress scheme, which will be overseen by the NHS Litigation Authority (NHSLA), will cover low monetary value claims, with the initial upper limit expected to be set at £20,000.

Clinical negligence claims cost the NHS £503 million in 2004-05 and the government hopes that the scheme will help to eliminate long delays in the waiting for compensation, as well as cut down on legal costs.

Health Minister Jane Kennedy said that the Bill would mean “fairness for patients, not fees for lawyers” and would help to prevent a US-style litigation culture. She said: “The vast majority of NHS patients receive safe and effective care, but we have to recognise that in our modern, increasingly complex health service, mistakes do happen.

“We want to improve patients’ experiences of the NHS by giving patients what they tell us they want when something goes wrong with their care.

“We need to move away from the current way of responding to clinical negligence, which is characterised by variations in outcomes, long and complicated processes and legal costs that often exceed amounts paid out to patients.”

The NHSLA will be responsible for establishing liability under the scheme, as well as managing the financial compensation, if appropriate. If financial compensation is not appropriate in a case, patients will still be entitled to receive an investigation, explanation, apology or remedial care.

Steve Walker, Chief Executive of the NHS Litigation Authority, said that the redress scheme would enable the NHS “to deliver access to justice even faster and more economically in future.”

Gary Fereday, Policy Manager at the NHS Confederation, also welcomed the Bill, saying that it could help make the “cumbersome” compensation process more effective. He said: “Where patients are entitled to compensation, they should get it more quickly and more efficiently. We will work with our members to ensure that the detail of the legislation will be workable for patients and NHS organisations on the ground.”

(KMcA/SP)