Source · Select Committees · Health and Social Care Committee
Recommendation 13
13
Paragraph: 123
Base compensation for NHS clinical negligence on additional care costs and repeal 1948 Act.
Recommendation
Compensation should be based on the additional costs necessary to top up care available through the NHS and social care system, rather than the current assumption that all care will be provided privately. Whilst we recognise that additional care costs are difficult to calculate, we recommend that they should be modelled using practice established in international patient injury compensation schemes. We further recommend that Section 2(4) of the Law Reform (Personal Injuries) Act 1948 should be repealed for clinical negligence cases brought against NHS organisations in England.
Paragraph Reference:
123