Consultation Report - Consultation on recommendations for no-fault compensation in Scotland for injuries resulting from clinical treatment

Annex A

No-fault Compensation Review Group recommendations

Recommendation 1
We recommend that consideration be given to the establishment of a no fault scheme for medical injury, along the lines of the Swedish model, bearing in mind that no fault schemes work best in tandem with adequate social welfare provision

Recommendation 2
We recommend that eligibility for compensation should not be based on the 'avoidability' test as used in Sweden, but rather on a clear description of which injuries are not eligible for compensation under the no fault scheme

Recommendation 3
We recommend that the no fault scheme should cover all medical treatment injuries that occur in Scotland; (injuries can be caused, for example, by the treatment itself or by a failure to treat, as well as by faulty equipment, in which case there may be third party liability)

Recommendation 4
We recommend that the scheme should extend to all registered healthcare professionals in Scotland, and not simply to those employed by NHSScotland

Recommendation 5
We recommend that any compensation awarded should be based on need rather than on a tariff based system

Recommendation 6
We recommend that claimants who fail under the no fault scheme should retain the right to litigate, based on an improved litigation system

Recommendation 7
We recommend that a claimant who fails in litigation should have a residual right to claim under the no fault scheme

Recommendation 8
We recommend that, should a claimant be successful under the no fault scheme, any financial award made should be deducted from any award subsequently made as a result of litigation

Recommendation 9
We recommend that appeal from the adjudication of the no fault scheme should be available to a court of law on a point of law or fact

Recommendation 10
We recommend that consideration should be given to our analysis of the problems in the current system, so that those who decide to litigate can benefit from them.