No-fault pay inquiry
No-fault compensation and a fast-track scheme for low-value actions are two of the key options for reform of clinical negligence under consideration by the chief medical officer's advisory group on the issue, it emerged in Parliament last week.
Speaking in a debate on clinical negligence, health minister Yvette Cooper conceded that the experience of other countries with no-fault compensation 'has been varied', but said the government asked the group to reconsider it in the light of the Bristol Royal Infirmary report.
It is also looking at possibly unifying the systems for complaints and claims against the NHS.
A benefit of no-fault compensation, she said, is that it can speed up the legal process.
However, on the downside, it may not deal with the need for a proper explanation, and there may be disputes about the level of compensation.
'There may also be cost implications,' she added.
Some 26% of claims received in 2000-01 (around 2,000) were for under 20,000.
Ms Cooper said: 'The committee is looking at whether there is a fast-track way of responding to small claims, and at ways in which mediation and structured settlements could be better used.'
The group has met for the last time and will shortly publish a report.
The debate was secured by Labour MP Gareth Thomas, a barrister, who called for a reversal in the burden of proof of causation to speed up clinical negligence cases.
Neil Rose
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