Malpractice and Medical Liability by Santo Davide Ferrara Rafael Boscolo-Berto & Guido Viel

Author:Santo Davide Ferrara, Rafael Boscolo-Berto & Guido Viel
Language: eng
Format: epub
Publisher: Springer Berlin Heidelberg, Berlin, Heidelberg

7.5 The Future

The NHS Redress Bill, which received royal assent in November 2006, created powers to set up a an NHS Redress Scheme to provide swift resolution to claims without the need to go to court; it would largely eradicate the need for lawyers for claims under £20,000, saving an estimated £7.6 million in legal costs in the first year (Hughes 2009). Secondary aims include establishment of a more open and fair culture in the NHS to ensure that lessons are learned from mistakes. Its origins come from the Chief Medical Officer’s report, “Making Amends”, released in 2003. However, the bill has been unworkable in England to date. While the Welsh and Scottish governments are speeding up plans to set up something similar to the Redress Scheme—Wales by next year and Scotland (date uncertain) probably going a step further with a no-fault compensation scheme similar to that in New Zealand—it appears that the Department of Health has not yet produced the necessary secondary legislation to make the reformation.

Many groups—including some NGOs and the august distinguished Parliamentary Health Select Committee—are concerned, disappointed even, criticising the Department of Health for dragging its heels over implementing the scheme. One charity, Action against Medical Accidents (AvMA) is especially critical of these delays. The Patient’s Association, an organisation that advocates passionately on a range of issues for the public and has done successfully for many years, has consistently argued for better openness and transparency on matters of quality and safety The patient’s association (2011).

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