No-fault compensation scheme proposed for NHS claims

A recent consultation launched by the Scottish Government is seeking views from interested parties on proposals to introduce a no-fault compensation scheme for NHS claims in Scotland.

The proposals are based on recommendations made by an independent panel, the No-Fault Compensation Review Group, which was set up by the Health Secretary in 2009.

The Review Group’s report was published in February 2011 and recommended that the Government should consider establishing a no-fault scheme that would cover all clinical treatment injury, similar to the ‘no blame’ system in operation in Sweden.

Under the proposed new scheme, patients who have suffered loss, injury or damage as a result of healthcare treatment could be compensated without having to resort to court action. Claimants would still have to prove that the harm was caused by treatment, but would no longer have to prove negligence.