Scotland considers introduction of a no-fault compensation scheme for medical malpractice

February 22, 2011 at 10:22 pm Leave a comment

Review aiming to explore the merits of a no-fault compensation scheme in medical tort cases in Scotland concludes that such a scheme will not increase the costs above the current level of fault based litigation. The no-fault scheme means that people who sustained injuries or otherwise were damaged as result of medical treatment can receive compensation without needing to file a suit and bear the associate burden of proof. It is expected that the no-fault system will facilitate the access of victims to justice and namely to fair and quick compensation. The Scottish Health Secretary Mr. Nicola Sturgeon said:

‘It’s in no one’s best interests to have redress delayed because a compensation claim can take years to go through the courts and nor is it in anyone’s interests to have precious NHS resources spent on expensive legal fees. No-fault compensation would be a sensible way to ensure people who have been affected are compensated without tying up either patients or the health service in years of litigation. It’s very encouraging that the review group’s report has recommended this system.’

Read more here



Entry filed under: Access to Justice, Costs of justice, Dispute Resolution, Scotland, Tort Compensation, Tort Law.

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