The consultation on the possible content of a Patient Rights (Scotland) Bill undertaken in September 2008, indicated that no-fault compensation was the Scottish Government's favoured way forward for the NHS in Scotland. The consultation paper also acknowledged the need for furthe work on the practical implications and potential costs of any such change in compensation arrangements and made it clear that the Scottish Government would explore the potential benefits for patients in Scotland of a no-fault compensation scheme before taking any firm decision on future arrangements.
Nicola Sturgeon, Deputy First Minister and Cabinet Secretary for Health and Wellbeing, announced on 1 June 2009 that a short-life working group would be established to progress this work. The group, chaired by Sheila McLean, Director of the Institute of Law and Ethics in Medicine at Glasgow University, held its first meeting on 14 August 2009.
The group was asked to consider the potential benefits for patients and whether such a scheme could be introduced alongside the existing clinical negligence arrangements. The review included examination of the cost implications; the consequences for healthcare staff; and the quality and safety of care. It was also important that it took account of the wider implications for the system of justice and personal injury liability and examined the evidence on how no-fault compensation was operated in other countries.
The Group was asked to give full, frank and objective consideration to no-fault compensation and have now submitted their report with recommendations and advice on the key principles and design criteria that could be adopted for a no-fault compensation scheme. The report, which recommends the introduction of a no-fault system based on the model currently in operation in Sweden, is available by clicking here, or on the link given in the column to the left.
The Scottish Government's response to the Group's report which outlines the proposed course of action, is available by clicking here, or on the link given in the column to the left.
The press release announcing the Review Group's report can be found by clicking here.
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