One of the most important things required for any claim for compensation, whether through personal injury, an accident at work or medical negligence is proof of guilt. Someone has to be responsible and to have accepted liability, hence the phrase “where there’s blame, there’s a claim.”
However that could be about to change, in Scotland at least, as a new scheme is being examined that would allow NHS patients who have been the victim of medical negligence to make a quickie compensation claim, without any proof of responsibility being required.
Medical negligence is very difficult to prove and can often lead to lengthy compensation claims, and well expensive cases. The ordeal can dissuade people from claiming for compensation, even when they are due something for their injuries.
The SNP said in 2007 that it would introduce an NHS Redress Bill which would offer people the chance to claim compensation without making a lengthy claim. If successful, patients would just have to prove that they have suffered injury as a result of medical treatment. They would not have prove there is blame to be had. The system, according to the Scottish government, is very similar to the procedure for compensation claims for criminal injury.
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