Clinical Negligence

Lord Mackay of Clashfern Excerpts

Tuesday 3rd March 2020 Lords Chamber

[Lord Bethell]

My Lords, the arrangements for clinical negligence payments are currently under review. The National Audit Office made it clear that this should be the focus of a substantial government review programme. We view the current arrangements as completely unsatisfactory, and that review will be published shortly along the terms that the noble Lord described.

[Lord Mackay of Clashfern (Con)]

My Lords, will the Minister consider whether Section 2(4) of the 1948 Act should continue, as it tends to swell these claims for damages? Is there any procedure followed when a particular claim is accepted to see whether the same accident is repeated again, and, if so, what should be done to stop it?

[Lord Bethell]

I can confirm that, at this stage, there is a wide review going on. The department is looking at a wide range of options, but a repeal of Section 2(4) of the Law Reform (Personal Injuries) Act 1948 is not planned for the moment. He makes a profound and important point about the importance of better understanding when repeated errors are made. Patient safety has been put at the centre of the NHS’s priorities for 10 years. Big improvements have been made, but more can be made in the future. We will be bringing the HSSIB Bill to this House later in the Session.