New: No Fault NHS Compensation System

As part of the Times Health Commission Report, which was commissioned in January 2023, a no-fault compensation scheme has been recommended to allegedly reduce the NHS’ bills.

The intention of the scheme is to avoid claimants and their families having to prove negligence to access compensation, which in theory sounds positive. However, the scheme also provides for compensation payments being standardised and based on need – a ‘one shoe fits all’ type policy – and could open the floodgates to an abundance of claims where the NHS have not been negligent, ultimately causing compensation to be spread more thinly between claimants and the NHS’ available funds being reduced.

It seems that if the scheme were to be implemented, those claimants most in need and who have been victim to negligence, would not be properly compensated for their injury/condition, for example, the family of a child who has suffered a brain injury at birth and will require lifelong care, treatment and adaptions, which could amount to millions of pounds.

Whilst the scheme would enable those who have been denied compensation to benefit and avoid the need to prove the NHS was at fault, claimants who have been left severely disabled may not be properly compensated for their injuries and future care costs.

It is also difficult to imagine how the plan would reduce the NHS bill, when, in fact, claims are likely to increase, and the only mitigating factor would be to reduce the level of compensation payable to claimants, creating inequity for those most in need.

Hopefully, this is just a fleeting idea, and some of the other recommendations including a National Care System, and a guarantee to provide access to all children and young people requiring mental health support will be prioritised by the Government.

Leathes Prior will continue to monitor the recommendation and keep you updated.

If you think you have a potential claim you'd like to discuss with our Personal Injury & Clinical Negligence specialists, please do get in touch with the team via info@leathesprior.co.uk or call 01603 610911.