HL Deb 08 September 2003 vol 652 c2WA
Baroness Finlay of Llandaff

asked Her Majesty's Government:

Whether Section 2(4) of the Law Reform Act 1948 should be repealed for all personal injury claims so that patients' rehabilitation could be provided by the National Health Service, with the cost recouped from the insurer, thereby providing funds to develop widespread rehabilitation facilities. [HL4239]

The Lord Chancellor

The report of the Chief Medical Officer,Making Amends, recommended that Section 2(4) of the Law Reform (Personal Injuries) Act 1948 should be amended so that the costs of future care in any award for clinical negligence made against the National Health Service should no longer reflect the cost of private treatment. That recommendation is currently the subject of consultation. The Government intend to consider the implications of the recommendation for personal injury claims generally.