Scottish government mulls no-fault compensation for NHS

A no-fault compensation scheme could be launched for the Scottish NHS under new proposals from the Scottish government.

The authority has commenced a consultation period on the planned reforms, which would mean that patients who have suffered loss, injury or damage as a result of healthcare treatment could be compensated without having to go to court.

Although plaintiffs would still need to prove harm had been caused by treatment, they would no longer need to demonstrate that this was due to negligence, as is the case in countries such as Sweden, New Zealand, Denmark and Norway, as well as parts of the US.

This system would prevent patients from having their compensation claims delayed by a lengthy court process, while also ensuring that the NHS no longer needs to waste money on legal fees.

Minister for public health Michael Matheson said: "This system would also help to ensure that where issues do arise, health boards learn from them and can promptly implement changes as a result."

These proposals have been welcomed by the British Medical Association, which said this system would help avoid a "blame culture", while ensuring patients can still make complaints.