NHS Redress Scheme - medical negligence compensation claims

NHS Redress Scheme

The NHS Redress Scheme is a Government initiative aimed at reducing legal fees in medical negligence compensation claims.

 

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From the official press release:

Under the new Putting Things Right arrangements, the NHS in Wales will aim to "investigate once, investigate well", ensuring that concerns are dealt with in the right way, the first time round.  People raising concerns will also be given the chance to be involved in the process.

More information (and please note this scheme applies to Wales only at this stage) about the NHS regulations here.

Background to the Redress Scheme:

It is estimated that claims for clinical negligence account for 1% of the NHS budget annually.

This has led to a new initiative aimed at reducing costs in the sector. There is also a pressing need to allow genuine claimants to receive fair and reasonable compensation without having to sue the negligent Trust.

The entire legal process is being reviewed. The NHS Redress Scheme aims to speed up the medical negligence claim process and encourage a move away from the blame culture inherent in the NHS, promoting openness with the emphasis on learning from mistakes. The scheme also aims to target the money spent on litigation to redirecting it for the benefit of the injured patients.

In other words the money should go to the claimants not their lawyers. The NHS Redress Bill gives the Secretary of State the power to establish NHS Redress Scheme regulations and place a duty on providers and commissioners of hospital services to ensure patients receive a more consistent, speedy and appropriate response to clinical negligence.

The scheme will cover low monetary value claims, with the initial upper limit expected to be set at £20,000. It is designed to offer patients a real alternative to litigation, avoiding the long delays and legal costs typical of the current system."

Other key elements of the NHS Redress Bill and Scheme include:
  • Provision for patients to receive redress in the form of care.
  • A duty on all scheme members to appoint an appropriate person responsible for learning from mistakes.
  • A more proactive approach to clinical negligence, with the onus no longer on the patient to initiate a claim.
  • All scheme members  will be required to review adverse incidents and trigger the scheme themselves, where appropriate.

Visit the official site: Dept of Health NHS Complaints procedures

Reclaim care home fees paid where the care should have been provided at no cost.

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