Welsh Assembly Redress Scheme
The NHS Redress (Wales) Measure was the first measure to pass through the Welsh Assembly and as a result has taken on significant political importance. The NHS Redress Measure was designed to reform the way the NHS handles complaints and claims for compensation. The idea is that the NHS should do as much as it can to put right mistakes and to learn lessons to prevent these errors from happening again. Complaints and incidences of patient injury would be resolved and compensated promptly without wasting time deciding on who is to blame and without patients and their families facing the often lengthy process of pursuing a medical negligence or personal injury claim. But when draft regulations for the new scheme were published earlier this year, stakeholders gave them a lukewarm reception, and the health minister has been forced to give further consideration to some of the fundamental principles underlying the scheme.
The Association of Personal Injury Lawyers’ (of which Boyes Turner are longstanding members) response to the consultation raised three main concerns in relation to the proposed scheme. A lack of independence was mentioned, along with uncertainty about the introduction of a new tier of staff to the system, and the provision of legal advice. In a bid to raise awareness of these problems prior to any further announcement from the health minister, APIL met Conservative health spokesman Andrew RT Davies AM and Dai Lloyd AM in Cardiff Bay earlier this month.
They appeared to share many of APIL's concerns, and there was consensus that the new regulations should not be brought in too soon. Mr Davies felt that the scheme required more independence to operate effectively and was also concerned about a possible lack of investment in the corporate governance of the Local Health Boards, following the major reorganisation which has been undertaken recently. Mr Lloyd, who is also a practicing GP, expressed similar concerns.
As a result of these meetings written questions will be tabled in the Assembly, pressing the minister for more detail on the time frame for implementing the new scheme, and the changes which may be made as a result of the consultation. It is uncertain when the revised regulations will be published, but the health minister appears intent on implementing the new system before the end of the year.
Leading medical negligence lawyer Adrian Desmond comments: “Considerable concern remains that this provision will not provide a fair remedy for victims of medical negligence. Every right thinking person supports the payment of prompt and proper compensation to those injured by medical negligence but the scheme has to be properly formulated with the patient in mind. The Assembly are not there yet.”
Consistent with our policy when giving comment and advice on a non-specific basis, we cannot assume legal responsibility for the accuracy of any particular statement. In the case of specific problems we recommend that professional advice be sought.
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