The Scottish Government has launched a consultation on plans to reform the system of NHS compensation claims by introducing a no-fault compensation scheme in Scotland.
The change would mean patients who have suffered loss, injury or damage as a result of healthcare treatment could be compensated without having to resort to court action.
The proposed new system would still require proof that harm was caused by treatment but would remove the need to prove negligence.
Minister for Public Health Michael Matheson said:
"We know that the vast majority of the care delivered in our NHS is of the highest quality, but it is important that people who have suffered as a result of clinical mistakes should have some form of redress.
"It's in no-one's best interests to have that redress delayed because a compensation claim can take years to go through the courts and nor is it in anyone's interests to have precious NHS resources spent on expensive legal fees.
“That is why we are considering the introduction of a no-fault compensation system. It is important that we seek wider views in order to help in our understanding of what the practical implications would be and to ensure that those affected receive appropriate redress without the need to go through a lengthy court process.”
No-fault systems are already in place in countries such as Sweden, New Zealand, Finland, Denmark and Norway, and parts of the United States.
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