NHS Redress Act 2006

NHS Redress Act 2006
The NHS Redress Act 2006[1]

Parliament of the United Kingdom
Long title An Act to make provision about arrangements for redress in relation to liability in tort in connection with services provided as part of the health service in England or Wales; and for connected purposes.
Statute book chapter 2006 c 44
Territorial extent England and Wales[2]
Dates
Royal Assent 8 November 2006
Status:
History of passage through Parliament
Text of statute as originally enacted
Revised text of statute as amended

The NHS Redress Act 2006 (c 44) is an Act of the Parliament of the United Kingdom.

The title of the Act establishes tort based liability as the necessary condition for obtaining redress.

The Act is concerned exclusively with "qualifying liability in tort" and affirms Parliament’s view that fault based liability should remain the basis of compensation for clinical mishaps.

The statute is important legislation since it potentially affects NHS hospital patients; the intention is to extend its operation to primary care. The underlying policy of the Act is to provide a genuine alternative to litigation. The Act does not affect any private law rights. It is wholly concerned with the process of compensation; it does not alter the basis of compensation. It is procedural, not substantive.

The Act proposes a redress package where there has been clinical negligence in hospital. The redress package must include: an offer of compensation, explanation, apology and report of action to prevent similar occurrences. The redress package may include care or treatment. The package can be accepted with waiver of the right to sue, or rejected. The redress scheme is to be run by the NHS Litigation Authority.

The proposed redress scheme is a consensual process, not a judicial process; redress is offered not awarded. Proceeding under the redress scheme is voluntary. Proceedings under the redress scheme and civil legal proceedings are mutually exclusive: they cannot be conducted at the same time. Legal rights are suspended but remain intact during the redress process when legal liability is assessed; legal liability is not adjudicated upon by the scheme’s procedure since it does is not a tribunal. Legal rights are only determined if any offer is made and accepted as part of a compromise agreement.

The Act is enabling legislation and the detail of its operation will be set out in regulation. However, indications of its likely operation may be gleaned from Parliamentary debate and in supporting documentation.[3] For example, there are indications that: (1) the scheme proposes that any offer made will be without prejudice, so that if it is rejected it may not be taken as evidence of liability in any legal proceedings; (2) the upper limit for monetary compensation will be £20,000; (3) legal privilege will not be asserted in respect of the investigation report.

References

  • Clinical Negligence, edited by Powers Harris Barton, fourth edition 2008, Tottel Publishing; ISBN 978 1 84766 075 6
  1. ^ The citation of this Act by this short title is authorised by section 19(1) of this Act.
  2. ^ The NHS Redress Act 2006, section 19(5)
  3. ^ See for example the Explanatory Notes accompanying the Bill, the Explanatory Notes accompanying the Act, and the Full Regulatory Impact Assessment documents accompanying the Bill.

External links


Wikimedia Foundation. 2010.

Игры ⚽ Нужна курсовая?

Look at other dictionaries:

  • NHS Redress (Wales) Measure 2008 — National Assembly for Wales Statute book chapter 2008 nawm 1 Dates Royal Assent July 9, 2008  …   Wikipedia

  • National Health Service Act 2006 — The National Health Service Act 2006[1] Parliament of the United Kingdom Long title An Act to consolidate certain enactments relating to the health servi …   Wikipedia

  • Health and Social Care Bill 2011 — For other bills with similar names, see Health and Social Care Act. The Health and Social Care Bill 2011 is proposed health care reform legislation introduced in the House of Commons on 19 January 2011.[1][2] If passed, the Bill would be the most …   Wikipedia

  • List of Acts of Parliament of the United Kingdom Parliament, 2000-Present — This is a list of Acts of the Parliament of the United Kingdom for the years 2000 to the present. For acts passed prior to 1707 see List of Acts of Parliament of the English Parliament and List of Acts of the Scottish Parliament to 1707.For Acts… …   Wikipedia

  • List of Statutory Instruments of the United Kingdom, 2007 — This is an incomplete list of Statutory Instruments of the United Kingdom in 2007. NOTOC 1 100* Cider and Perry and Wine and Made wine (Amendment) Regulations 2007 S.I. 2007/4 * Customs and Excise (Personal Reliefs for Special Visitors)… …   Wikipedia

  • List of Statutory Instruments of the United Kingdom, 2008 — This is an incomplete list of Statutory Instruments of the United Kingdom in 2008. NOTOC 1 100* Insolvency Practitioners and Insolvency Services Account (Fees) (Amendment) Order 2008 S.I. 2008/3 * Information as to Provision of Education… …   Wikipedia

  • Tort reform — refers to the idea of changing the rules applicable to the law of tort. Tort deals with compensation for wrongs and harm done by one party to another s person, property or other protected interests (e.g. reputation, under libel and slander laws) …   Wikipedia

  • Contemporary Welsh Law — Wales This article is part of the series: Politics and government of Wales …   Wikipedia

  • Order-in-Council — An Order in Council is a type of legislation in Commonwealth Realms. In the United Kingdom this legislation is formally made in the name of the Queen by the Privy Council ( Queen in Council ); in Canada in the name of the Governor General by the… …   Wikipedia

  • Order in Council — An Order in Council is a type of legislation in many countries, typically those in the Commonwealth of Nations. In the United Kingdom this legislation is formally made in the name of the Queen by the Privy Council (Queen in Council), but in other …   Wikipedia

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”