HL Deb 14 July 1989 vol 510 cc516-8

11.18 a.m.

Baroness Gardner of Parkes asked Her Majesty's Government:

What representations they have received concerning their proposal to implement a scheme for Crown indemnity for National Health Service hospital doctors in medical negligence cases.

Lord Henley

My Lords, replies have been received from most of the organisations consulted by the health departments in March. The great majority are in favour of the principle of a health authority indemnity in cases of medical negligence but a number have raised questions about the operation of the proposed system. The Government are considering the responses and will make an announcement as soon as possible.

Baroness Gardner of Parkes

My Lords, I thank my noble friend for that Answer. Does he agree that the transfer of responsibility to the National Health Service hospitals and authorities will not in any way prevent or even reduce claims for negligence and that probably a considerable degree of expertise will be needed in this field? Are the Government considering a contracted-out basis which would enable the existing expertise to be used, or are they considering that it should be done in-house?

Lord Henley

My Lords, obviously it is up to the health authorities themselves. They may find it useful to use the expertise of the medical defence organisations. It would be up to them to decide.

Lord Gainford

My Lords, is the Minister aware of the great increase in recent years in medical negligence claims and the increase in individual awards?

Lord Henley

My Lords, yes, we are aware of that. Obviously the size of the awards is a matter for the courts.

Lord Ennals

My Lords, up to now the system of justice has weighed heavily against the plaintiffs. It is to be welcomed that an initiative is now being considered. Perhaps I may ask two questions of the noble Lord. First, is the department thinking of earmarking some national fund that would thus help to prevent a situation in which justice for claimants was paid at the expense of justice for other patients? Secondly, what is the department's thinking on retrospection and cases that may have occurred prior to the period when the legislation is introduced?

Lord Henley

My Lords, we originally said that we hoped the new arrangements would be in place preferably from 1st July. The noble Lord raises an issue which remains to be resolved; notably, the precise financial arrangements. We shall consider the issue and when it is resolved a decision will be taken on the scheme.

Lord Ennals

My Lords, will the noble Lord write to me?

Lord Henley

My Lords, of course.

Baroness Gardner of Parkes

My Lords, is the Minister aware of the degree of confusion that the indeterminate date of commencement is causing to practitioners most of whom renew at this time of the year their subscriptions to the societies which act for them? The renewal time at which most people start to pay their annual subscription appears to be related to the date of qualification. We have read in the press of the reduction that will take place. It is very difficult for both the practitioner and for the body concerned to work out what the cost of the subscription should be or exactly how it will work. Is he aware of the need for a definite date to be set as soon as possible to remedy the confusion that exists?

Lord Henley

My Lords, yes. I am aware of this problem. At the moment I can only say that a decision will be made as soon as possible. We have recently written to the general managers of the regional health authorities advising them that the existing arrangements will certainly continue until 31st December 1989 unless the letter is cancelled prior to that.

Lord Kennet

My Lords, with reference to the first question of the noble Lord, Lord Ennals, will the Government bear in mind that a very ugly situation might arise if patients were to feel that their operations were being further delayed or that they were not receiving treatment because so much existing health service money was being pushed into paying indemnities for the doctors who had been sued? Is there not a danger that such an arrangement would make the patients who had suffered accidents on the operating table objects of resentment among patients who had not?

Lord Henley

My Lords, I do not accept what the noble Lord says. I do not think that those fears would arise.