Will the NHS Redress Act affect my medical negligence claim?

The NHS Redress Act 2006 is a measure that was brought in by the Government to deal with what was perceived to be an unnecessarily expensive and potentially unfair medical negligence claim system. It allows for a scheme to be set up that would let a panel of experts make a rapid decision about the level of compensation a personal injury claimant deserves.

Although, at the time of writing, the scheme is yet to be established, the Act's reception has already been mixed.

Points in favour
The Act applies in cases where the damages that would be awarded may be less than the case's legal costs. This is supposed to make the process quicker and fairer, in the sense that similar cases should receive similar levels of compensation with less delay caused by legal arguing.

It is also designed to encourage doctors and nurses to recognise mistakes and oversights that may have been made in the care of their patients, and to learn from them. This is best practice in most other industries.

Points against
As the Act is limited to those cases where medical negligence is alleged within a hospital, and where the amount of compensation is relatively low, it may make little difference to many sufferers of negligence.

The Liberal Democrats and Conservatives, although they agreed that some change was necessary, pointed out that the lack of independence in the scheme could be a problem. If a patient is unhappy with the level of redress offered under this bill, there is little opportunity to do anything but make a compensation claim under the previous system of litigation.

The future
Although the Act is in place, the scheme that is allows for is not yet finalised. Therefore the situation remains unclear for anyone who wants to make a medical negligence claim. In a situation as complex and important as this, it is only sensible to speak to a personal injury solicitor with expertise in this area.

Contacting a medical negligence solicitor
YouClaim has a team of expert medical negligence solicitors in the UK, all governed by the Solicitors Regulation Authority. We also have years of experience in helping sufferers of negligence to find the right personal injury solicitor for their needs.

Our advisors are able to discuss your case sensitively, and help you decide whether you are eligible to make a claim. Should you proceed, your personal injury solicitor will be able to explain your situation at every point in plain English, so you know where you stand.

Our success rate is excellent, and we guarantee that all damages awarded in these successful cases are passed to you under our 100% compensation promise. Call us, on 0800 10 757 95, chat to us online, or complete a claim form, and we will be able to help you get your medical negligence claim underway.