August 2016

The Society’s committees have been working on a number of Scottish Parliament and UK Parliament Bills and consultations including new proposals to introduce a no-blame redress scheme for the healthcare sector, new police powers for stop and search and the Investigatory Powers Bill.

Key areas are highlighted below. For more information see the law reform section of the website

‘No-Blame’ Redress Scheme

The Health and Medical Law Committee has responded to a Scottish Government consultation on proposals to introduce a no-blame redress scheme for the healthcare sector.

We support the broad principles of having a scheme which will allow greater access to justice for patients and the ability to seek financial recompense when something goes wrong. We generally agree that relatively minor injuries or low value claims can result in a positive resolution but by their very nature, medical injury claims can be complicated. We don’t support a proposed cap of £100,000 and have suggested that the limit should be set at £25,000.  

The government will need to ensure that such a scheme will be effective and will improve access to information and explanation for patients. It is also important that any scheme is fair, impartial and accountable and should not add to a blame-culture within the NHS.

The full consultation response is available to read on the law reform section of the website