The NHS Redress Act 2006 was introduced by the Government to reform the way the NHS deals with lower value medical negligence claims. The NHS Redress Act 2006 established the NHS Redress Scheme (the Scheme) in order to deal with lower value claims that arise from alleged medical negligence within hospitals. The Scheme applies to personal injury claims where the amount of compensation claimed is worth less than the legal costs of the claim. The Government intends for the Scheme to make the process of claiming for personal injury against the NHS a quicker and fairer process. Legal advice from a solicitor should always be obtained before any formal claim is made under the Scheme. The Scheme only applies to personal injury claims arising out of medical negligence by a health care professional within a NHS hospital. For example, the Scheme will cover medical negligence claims arising from negligent medical advice given by a health care professional, and medical negligence claims arising out of wrongful diagnosis. A solicitor should help all claimants to ensure their claim is submitted correctly. The solicitor can also resolve any issues that arise as the claim is processed.
The Scheme will use the same test for negligence as is currently used in tort law, and the Scheme will only apply to those claims where liability in tort for the NHS exists. It is not intended to create new rights for NHS patients but to improve access to their right to compensation for medical negligence. The Scheme does not cover other personal injury claims, for example claims arising from health and safety issues within the hospital, or administrative errors. A personal injury solicitor can explain this point, as it is important to understand when assessing whether a legitimate claim could be made.
The Scheme is intended to provide a patient with the appropriate amount of redress. The amount of compensation awarded by the Scheme will be decided by a panel of experts. An important policy behind the Scheme is to create a fair, consistent and open system of compensation within the NHS. In order to achieve this, similar personal injury claims will receive similar levels of compensation. In addition, the Scheme considers redress to include investigations into claims, explanations, and apologies. A personal injury solicitor can handle every stage of a claim and also fully represent a claimant.
If a patient has suffered from medical negligence within an NHS hospital, they are advised to seek legal advice from a personal injury solicitor. A personal injury solicitor will be able to advise the patient on the value of the claim, and whether the compensation offered by the Scheme is satisfactory. If a patient is unhappy with the compensation awarded by the Scheme, their personal injury solicitor may advise seeking compensation through litigation.
- Last Updated on 29/08/2011
