Question reference: S6W-00604
- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
- Date lodged: 11 June 2021
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Current status: Answered by Humza Yousaf on 29 June 2021
Question
To ask the Scottish Government, further to the answers to questions S4W-18890 and S4W-20593 by Alex Neil on 8 January and 4 April 2014 and S4W-27915 by Shona Robison 29 October 2015, the 2011 report, A Study of Medical Negligence Claiming in Scotland, which was published by the No-fault Compensation Review Group that was chaired by Professor Sheila McLean of the University of Glasgow and its consultation on the matter in 2012, whether it will bring forward legislation to introduce a no-fault compensation for patients who have been harmed as a result of clinical treatment.
Answer
We have no plans to bring forward secondary legislation to introduce a no-fault compensation scheme at this time.
Despite carrying out considerable research and a number of consultations since no-fault compensation proposals were first introduced in 2007, forming expert groups and looking to other countries, including Sweden, there has never been consensus on the most appropriate compensation or redress model for Scotland, or how such a scheme would meet its objectives within our health and social care framework. The member herself has previously questioned whether a no-fault compensation scheme might introduce an additional administrative burden, a culture of compensation, more litigation and a charter for lawyers.
Working with Healthcare Improvement Scotland and other health and care partners we are creating a health and social care environment that uses knowledge from adverse events to inform continuous improvement to health and care services in a culture that embraces openness and learning, without fear of censure when things go wrong. The Duty of Candour Procedure (Scotland) Regulations, which we introduced in April 2018, places this approach on a legal footing.
We will continue to focus our energies and use all the mechanisms at our disposal in driving forward preventative measures in the delivery of person-centred treatment and care that is safe and of a high quality.