Scottish Government

REPORT OF THE EXPERT GROUP ON FINANCIAL AND OTHER SUPPORT

MARCH 2003

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CONTENTS

FOREWORD Lord Ross, Chair of the Expert Group on Financial and Other Support
1. INTRODUCTION
ORIGINS OF THE GROUP
DEVELOPMENTS AFFECTING PEOPLE INFECTED WITH THE HCV OR HIV FROM BLOOD TREATMENT
TERMS OF REFERENCE
EVIDENCE CONSIDERED
2. SUMMARY OF CONCLUSIONS AND RECOMMENDATIONS
CONCLUSIONS
RECOMMENDATIONS
3. THE CONTEXT
DEFINITIONS
THE CLINICAL NEGLIGENCE SYSTEM IN SCOTLAND
THE REVIEW OF CLINICAL NEGLIGENCE BY THE DEPARTMENT OF HEALTH, ENGLAND
THE COMPENSATION SCHEME IN OPERATION IN THE REPUBLIC OF IRELAND
EX-GRATIA SCHEMES IN OPERATION IN THE UK AND IN OTHER JURISDICTIONS
NO-FAULT COMPENSATION
SEARCH FOR A GENERAL PRINCIPLE ON PROVISION OF FINANCIAL AND OTHER SUPPORT
4. THE SITUATION OF PEOPLE WHO HAVE BEEN INFECTED WITH HIV OR HCV AS A RESULT OF RECEIVING BLOOD, BLOOD PRODUCTS OR TISSUE TRANSFER FROM THE NHS IN SCOTLAND
BACKGROUND
CONCLUSIONS ON HEPATITIS C
ESTIMATIONS OF COST
RECOMMENDATIONS ON HEPATITIS C
THE GROUP'S REACTION TO THE SCOTTISH EXECUTIVE'S RESPONSE TO THE PRELIMINARY REPORT
5. THE SCOTTISH LEGAL AID SYSTEM IN RESPECT OF CLINICAL NEGLIGENCE CASES
CLINICAL NEGLIGENCE CASES
THE SCOTTISH LEGAL AID BOARD PROPOSALS FOR REFORM
RECOMMENDATIONS ON LEGAL AID SYSTEM
6. OTHER AREAS CONSIDERED FOR REFORM
PRIORITY TREATMENT FOR PEOPLE WHO HAVE BEEN HARMED BY NHS TREATMENT IN SCOTLAND
REVERSING THE BURDEN OF PROOF
RETROSPECTIVE EX-GRATIA PAYMENTS LINKED TO 'DEFECTIVE PRODUCT/DEFECTIVE PRACTICE' CONCEPT
7. SUGGESTIONS FOR REFORM OF THE CURRENT DISPUTE RESOLUTION SYSTEMS
INTRODUCTION
ADVOCACY
THE NHS COMPLAINTS PROCEDURE
QUALITY AND PATIENT SAFETY ISSUES
MEDIATION IN HEALTH SERVICE DISPUTES
PRE-LITIGATION MEASURES
IMPROVING ACCESS TO LITIGATION PROCESS
THE LITIGATION PROCESS
SETTLEMENT ISSUES
RECOMMENDATIONS ON DISPUTE RESOLUTION SYSTEMS
ANNEX A MEMBERSHIP OF THE EXPERT GROUP
ANNEX B LIST OF EVIDENCE CONSIDERED
ANNEX C DATA ON THE CLINICAL NEGLIGENCE SYSTEM
ANNEX D THE LITERATURE REVIEW COMMISSIONED BY THE DEPARTMENT OF HEALTH IN ENGLAND
ANNEX E THE MORI SURVEY COMMISSIONED BY THE DEPARTMENT OF HEALTH IN ENGLAND
ANNEX F EX GRATIA OR NO-FAULT COMPENSATION IN THE UK AND IN OTHER COUNTRIES
ANNEX G RECOMMENDATIONS MADE IN OUR PRELIMINARY REPORT
ANNEX H LETTER OF 29 JANUARY 2003 FROM THE MINISTER FOR HEALTH AND COMMUNITY CARE TO LORD ROSS
ANNEX I THE AIMS AND WORK OF AVMA
ANNEX J CONCLUSIONS NOTED FROM THE CIVIL JUSTICE COUNCIL FORUM ON CLINICAL NEGLIGENCE

For further information, please contact:
Bob Stock
Head of Ancillary Services Branch
Health Planning and Quality Division
Ground East Rear
St Andrew's House
Edinburgh
EH1 3DG
Tel: 0131 244 6913
E-Mail: Bob.Stock@scotland.gsi.gov.uk
Fax: 0131 244 2989

Commissioned by the Scottish Executive
St Andrew's House
Regent Road
Edinburgh
EH1 3DG