HL Deb 08 September 2003 vol 652 cc64-6WA
Baroness Finlay of Llandaff

asked Her Majesty's Government:

How they will ensure that compensation for adverse outcomes from medical treatment is equitable and related to disability, rather than to contract cost, given the different costs of National Health Service procedures in different parts of the country; and [HL4238]

In light of the report Making Amends:

  1. (a) how case managers will be appointed and trained;
  2. (b) how their work will relate to local services;
  3. (c) how they will set up and monitor packages of care under the redress scheme; and
  4. (d) to whom they will report their activities; and [HL4240]

What safeguards are proposed to prevent the National Health Service redress scheme from being overwhelmed by frivolous claims; and [HL4241]

Given the positive role that complaints can play in driving up standards of care, how they will prevent complaints from being treated as an automatic route to compensation under the National Health Service redress scheme. [HL4242]

Lord Warner

The Chief Medical Officer, Professor Sir Liam Donaldson, has proposed an NHS redress scheme which will provide appropriate redress to patients who believe they have been harmed as a result of the health care they have received.

A detailed design for the redress scheme will not be completed until the close of the consultation period upon the Chief Medical Officer's report and the issues raised by those responding to his recommendations have been considered. The scheme will conform with the principles outlined in the Chief Medical Officer's report, which are—

to provide a fair, equitable and appropriate response to people who have been harmed in the course of their health care. It is intended that all care then required will focus on the needs of individual patients.

Redress will include a full investigation of the events complained about; a clear explanation of those events; an apology, immediate and remedial care where those are necessary; and financial compensation where that is appropriate.

Prompt and thorough investigation of events complained about, and careful assessment of the case for compensation by any successor body to the NHS Litigation Authority, will exclude unjustifiable claims from the scheme. The possibility that there may be a higher number of requests for redress, both justified and not justified, will be considered in full during that time.

The detailed design of the redress scheme will take into account a number of issues, including:

  1. (a) The results of research commissioned for the Chief Medical Officer's report which suggests that most people want an investigation, explanation and apology when something has gone wrong, and evidence that action is taken to reduce the risk of a reoccurrence. Only some people seek financial compensation.
  2. (b) The need for clear criteria that will be used to determine whether or not financial compensation is warranted, and so make clear what the scheme can and cannot offer complainants, from the outset.

The recruitment, training, working practice and accountability of those responsible for securing care for people who have suffered harm as a result of their earlier care will be considered in full at that time.