NHS: Clinical Negligence

Lord Hunt of Kings Heath Excerpts

Tuesday 20th January 2015 Lords Chamber

[Earl Howe]

My Lords, moneys paid in settlement of clinical negligence claims cannot be reclaimed or recycled in the way that my noble friend appears to suggest because, in the nature of NHS care, it is free from the patient’s perspective. We are, however, concentrating on various ways to reduce the number of clinical negligence incidents and, indeed, to improve patient safety, which is of course part of the way in which we can reduce the number of claims in the first place.

[Lord Hunt of Kings Heath (Lab)]

My Lords, what view have the Government taken of the Medical Defence Union recommendation for repeal of the Law Reform (Personal Injuries) Act 1948? In essence, that would mean defendants could buy NHS healthcare packages as opposed to the more expensive private care packages, and, presumably, would reduce some of the cost of the claims that are currently going through.

[Earl Howe]

My Lords, we are looking at that proposal, but there are currently no plans to repeal that particular piece of legislation.