Capítulo IV Discusión, conclusiones y recomendaciones
4.3 Recomendaciones
Thank you for your letter of 3 October to Sir Harry Burns, Chief Medical Officer, looking for information on the work undertaken in Scotland in relation to no-fault compensation for injuries resulting from clinical treatment. Please accept my apologies for the delay in providing a response.
You may already be aware that the No-fault Compensation Review Group, chaired by Professor Sheila McLean, Glasgow University, was established in 2009 to consider the potential benefits for patients in Scotland of a no-fault compensation scheme and whether such a scheme should be introduced alongside the existing clinical negligence arrangements.
The Review Group’s report published in February 2011 (available at: http://www.scotland.gov.uk/Topics/Health/Policy/No-Fault-
Compensation/ReviewGroupVol1 set out their view on the essential criteria for a compensation scheme and recommended that consideration should be given to the establishment in Scotland of a no-fault scheme for clinical injury, along the lines of the ‘no blame’ system in operation in Sweden. The review group’s recommendations (attached for ease of reference) go much wider than NHS Scotland suggesting a scheme should cover all clinical treatment injuries that occur in Scotland.
A team of researchers from Manchester University supported the Review Group and the report of the study they conducted was published on 7 June 2012 (available at http://www.scotland.gov.uk/Publications/2012/06/2348). Part of this study explored the potential expenditure implications of a no-fault scheme based on the analysis of data on closed cases dealt with by the CLO. Cost estimates were calculated based on a range of assumptions about how a no-fault system might operate; the volume and value of claims; as well as costs of the current system in recent years.
A consultation on the Review Group’s recommendations was conducted between August and December 2012 (http://www.scotland.gov.uk/Publications/2012/08/4456) to seek wider views on the recommendations in order to help in our understanding of what the practical implications are and to assist in consideration of the scope and possible options for taking this forward. The responses to the consultation were published on 25 February 2013 and are available at: http://www.scotland.gov.uk/Publications/2013/02/4882.
This is still under consideration. I will let you know when an announcement is made on the proposed way forward. I hope this is helpful and apologise again for the delay in providing a response.
Best wishes. Yours sincerely
88
APPENDIX 4
Correspondence with Embassies of Nordic Countries
P r o f e s s o r M M e m o n
Oakwood Whitehall Road Darwen - Lancs BB3 2LH [email protected] 3rd October 2013(Sent by Fax and Post)
Norwegian Embassy 25, Belgrave Square, London SW1X 8QD.
United Kingdom Tel: +44-20 7591 5500 Fax: +44- 20 7591 5547
Dear Sir/Madam
Research - Medical Negligence Claims - Please Assist
After lifetime service in the NHS, I have retired. Over the years I have come across difficult situations where families have tried to seek redress from the NHS for medical harm. This takes several years and a lot of hardship for individuals and families and equally for the professionals to seek a resolution. I understand that in your country a no-fault scheme operates.
I will be grateful, if you can forward necessary material (policy, audit, research etc), which will assist me with my learning and research.
I look forward to hearing from you. Many thanks for your help. Yours faithfully
89
P r o f e s s o r M M e m o n
Oakwood Whitehall Road Darwen - Lancs BB3 2LH [email protected] 3rd October 2013(Sent by Fax and Post)
Embassy of Finland 38 Chesham Place London SW1X 8HW
United Kingdom Tel: +44-20-7838 6200
Fax: +44-20-7235 3680
Dear Sir/Madam
Research - Medical Negligence Claims - Please Assist
After lifetime service in the NHS, I have retired. Over the years I have come across difficult situations where families have tried to seek redress from the NHS for medical harm. This takes several years and a lot of hardship for individuals and families and equally for the professionals to seek a resolution. I understand that in your country a no-fault scheme operates.
I will be grateful, if you can forward necessary material (policy, audit, research etc), which will assist me with my learning and research.
I look forward to hearing from you. Many thanks for your help. Yours faithfully
90
P r o f e s s o r M M e m o n
Oakwood Whitehall Road Darwen - Lancs BB3 2LH [email protected] 3rd October 2013 (Sent by Fax and Post)Royal Danish Embassy 55 Sloane Street,
London SW1X 9SR
United Kingdom Tel: +44- 20 7333 0200 Fax: +44- 020 7333 0270
Dear Sir/Madam
Research - Medical Negligence Claims - Please Assist
After lifetime service in the NHS, I have retired. Over the years I have come across difficult situations where families have tried to seek redress from the NHS for medical harm. This takes several years and a lot of hardship for individuals / families and equally for the professionals to seek a resolution. I understand that in your country a no-fault scheme operates.
I will be grateful, if you can forward necessary material (policy / audit / research etc), which will assist me with my learning / research.
I look forward to hearing from you. Many thanks for your help. Yours faithfully
91
P r o f e s s o r M M e m o n
Oakwood Whitehall Road Darwen - Lancs BB3 2LH [email protected] 3rd October 2013 (Sent by Fax and Post)
Embassy of Sweden 11 Montagu Place London W1H 2AL
United Kingdom Tel: +44 20 7917 6400
Fax: +44 20 7724 4174
Dear Sir/Madam
Research - Medical Negligence Claims - Please Assist
After lifetime service in the NHS, I have retired. Over the years I have come across difficult situations where families have tried to seek redress from the NHS for medical harm. This takes several years and a lot of hardship for individuals / families and equally for the professionals to seek a resolution. I understand that in your country a no-fault scheme operates.
I will be grateful, if you can forward necessary material (policy, audit, research etc), which will assist me with my learning / research.
I look forward to hearing from you. Many thanks for your help. Yours faithfully
92
APPENDIX 5
Correspondence with Embassy of USA
P r o f e s s o r M M e m o n
Oakwood Whitehall Road Darwen - Lancs BB3 2LH [email protected] 3rd October 2013 (Sent by Post) US Embassy 24 Grosvenor Square, London, W1A 1AE.United Kingdom Tel: +44- 020 7499 9000
Fax: +44- 20
Dear Sir/Madam
Research - Medical Negligence Claims - Please Assist
After lifetime service in the NHS, I have retired. Over the years I have come across difficult situations where families have tried to seek redress from the NHS for medical harm. This takes several years and a lot of hardship for individuals / families and equally for the professionals to seek a resolution. I understand that in your country a no-fault scheme operates.
I will be grateful, if you can forward necessary material (policy, audit, research etc), which will assist me with my learning / research.
I look forward to hearing from you. Many thanks for your help. Yours faithfully
93
APPENDIX 6
List of North West Legal Firms Specialising in Medical Negligence:
Quindell Legal Services
Headquarters Dempster Building +44 (0) 151 236 9594
54 solicitors Atlantic Way +44 (0) 151 227 1035
11 offices Brunswick Business Park
Liverpool [email protected]
Merseyside L3 4UU
Stephensons Solicitors LLP Sefton House Phone: 0333 344 4772
101 solicitors Northgate Close Fax: 01942 774525 7 offices Horwich Bolton Lancashire [email protected] BL6 6PQ
Connexion Partnership – M/Cr Alberton House, 30 St Mary's Parsonage, Manchester M3 2WJ
82 solicitors 08701 601160
2 offices 08701 975377
[email protected] <[email protected]>
dac beachcroft claims ltd 3 Hardman Street Manchester M3 3HF
659 solicitors T +44 (0) 161 934 3000
16 offices
F +44 (0) 161 934 3288.
Forbes Solicitors 90 Deansgate, ManchesterM3 2GP
101 solicitors Telephone 0161 918 0000
94
Irwin Mitchell LLP
549 solicitors Bauhaus, Rosetti Place Quay Street, Manchester M3 4AW
13 offices
Tel 0870 1500 100
elaine.russell@irwinmitchell.com
JMW Solicitors 1 Byrom Place Spinningfields Manchester M3 3HG
86 solicitors 0161 828 1937
I office
Bill Jones bill.jones@jmw.co.uk
95
APPENDIX 7
Various useful contacts and addresses (relevant for this research)