Date lodged: 26 March 2019
To ask the Scottish Government what compensation is available to patients or their families when hospitals admit negligence, and whether it plans to streamline or simplify the claims process.
Answered by: Jeane Freeman 15 April 2019
Patients harmed by medical treatment can claim for compensation directly from the Health Board, with or without legal representation, or through raising legal proceedings in Court. Compensation may be claimed where there has been injury or loss, and where it has been determined this has been caused by fault on the part of the Health Board. The value of compensation will depend on the nature of the injury or loss and factors such as loss of income and increased requirements for support.
The Scottish Civil Justice Council is developing plans to streamline the existing process by introducing a new Compulsory Clinical Negligence Pre-Action Protocol that encourages fair, just, and timely settlement of disputes before court proceedings are raised and to narrow the areas for litigation in cases that do not settle.