§ Sir Michael McNair-WilsonTo ask the Secretary of State for Health under what circumstances other than as a result of litigation a health authority compensates the victims of a medical accident.
§ Mrs. CurrieThere are two situations, other than as a result of litigation, in which a health authority may compensate the victim of a medical accident. Firstly, where an authority is potentially legally obliged to do so. This would occur where an authority is advised by its solicitors that, in the particular circumstances of a case, civil proceedings, if issued, would be indefensible and that liability should be admitted and a basis for compensation agreed or, alternatively, that payment should be offered "without prejudice" but in full satisfaction of the potential908W claim. Secondly, in cases where, although under no legal obligation to do so, an authority nevertheless considers that, in the circumstances of the case, compensation should be offered on an ex gratia basis.