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Select committee: Health and Social Care Committee

Recommendation 13

Thirteenth Report - NHS litigation reform Published 28 Apr 2022 Paragraph 123 Addressed to Department of Health and Social Care

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Recommendation (the committee's words)
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 We further recommend that Section 2(4) of the Law Reform (Personal Injuries) Act 1948 should be repealed for clinical negligence cases brought against NHS organisations in England.

From: Health and Social Care Committee, Thirteenth Report - NHS litigation reform (HC 740), paragraph 123, 28 April 2022

Government response

No government response linked yet: deadline 28 June 2022, 1587 days ago.