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As a lawyer who worked in the NHS (not litigation), having personally suffered 'errors' in diagnosis over the years and with friends employed in the NHS who agree, it is a complete shambles both structurally and culturally which needs a massive overhaul (or better still starting again) rather than more tax payers money pouring into a bottomless pit. I am told the really committed decent staff often want to leave and saw throughout my time that no one is performance managed - just moved on and worse still promoted!
No the NHS should not be exempt under the Crown Proceeding Act but be aware nothing will change as regards its culture in dealing with negligence with drastic measure.