NHS Redress Act

 

Before the Redress Act of 2006, the system for patients seeking compensation after medical error in hospital had been highly criticized. From a patient’s point of view, the lack of explanations and apologies given for mistakes and poor treatment were a source of frustration. The compensation procedure was also perceived as being secretive and defensive, rather than responsive and supportive.

 Healthcare professionals and NHS staff were also dissatisfied with the compensation system. From their perspective, the procedure was complex, slow and, most importantly, costly—both in legal fees and in the time it claims of medical staff.

 In 2003 a chief medical officer’s reports, called ‘Making Amends’, aimed at exploring and proposing reform of the medical litigation procedure; in order to make the system easier for patients seeking ‘redress’ and also to stem what the NHS perceived as a growing ‘compensation culture’. As the Chief Medical Officer described it, the report existed “to ensure that the emphasis of the NHS is directed at preventing harm, reducing risks and ensuring safety”. It recommended the introduction of a ‘new NHS-based system of redress’, which would include an investigation of alleged incidents of substandard care, the provision of an explanation, the delivery of care and payment for any pain and suffering caused.

 

The aim of the act is to speed up claims and create a consistency of outcomes where patients claiming clinical negligence have their claims investigated, explained, apologised for and, where appropriate, provided financial compensation. It will apply to all claims up to and under £20,000. This will certainly be comfort to patients—the exhausting length and variability of the claims procedure has long been a burden on patients seeking redress for poor treatment.

 

To be offered an explanation or an apology for a mistake is a huge comfort for patients, and should be central to patient care. This act will mean that all claimants will receive this. Under the previous system, whilst entitlement to monetary compensation was a secured right where appropriate, there was no obligation for Hospitals to offer an apology, or even an explanation, for clinical negligence.

 

One issue with the previous system for patients was the perception that the NHS was secretive, protective and defensive when faced with claims of medical negligence. We have had had numerous calls to the helpline from patients finding the complaints systems for hospitals disinterested, unresponsive and secretive.

 Unfortunately, it seems unlikely that the new act will tackle this as the Government has decided not to make the scheme independent of the NHS. Patients are still as likely to feel that the claim is as subject to NHS secrecy as it would be under the previous system.

 

Another troublesome implication of the bill is that if a patient accepts an offer of compensation under the new scheme, they lose the right to undertake legal proceeding. Despite this, patients cannot access independent legal advice until after they have been offered compensation under the redress system.

 

As it stands, the Act contains no specific details whatsoever and at the moment has no details on how it will operate in practice. Forthcoming regulations will contain the real meat of the plans—and the patients association will keep a key eye on these to ensure the scheme introduced is effective and independent in helping patients. There is no existing precise time scale for the commencement of the scheme but it is expected that this will occur at some point in 2008.