Personal injury news
02/06/2009

No-fault compensation system under review

A simpler personal injury compensation claims process is being considered for patients in Scotland who have undergone medical treatment.

A no-fault compensation system is being proposed similar to a scheme currently running in New Zealand where patients do not have to prove injuries were caused by medical negligence.

Research evidence shows that cases can be settled more quickly while legal and administrative costs have been found to be lower. A consultation exercise has begun to review the proposal that will report in October 2010.

Injuries must still be shown to have been caused by medical intervention but the proposed new system is predicted to be less adversarial with other advantages believed to include less stressful and shorter procedures.

Scotland's British Medical Association (BMA) is supportive of a switch to a no-fault personal injury compensation claims system because it is believed to provide timely and fair payouts while supporting patients who experience medical mishaps and then suffer personal injury.