Patients barred from suing NHS over treatment delays

Published on Thursday 18 March 2010 21:38

PATIENTS in Scotland will not be given new rights to sue the NHS under plans to introduce legally binding waiting time limits, according to health secretary Nicola Sturgeon.

The new bill published yesterday would create a legal waiting time guarantee of 12 weeks, and also give patients the legal right to complain about their care.

Yesterday, campaigners raised concerns about the extra bureaucracy and pressure that the Patient Rights (Scotland) Bill could have on the NHS. Opposition parties also raised concerns that lawyers could still benefit as part of provisions to put waiting times on a legal footing.

Ms Sturgeon said that setting patient rights in law sent a strong signal that patients should be at the heart of the NHS. The bill will also see the creation of a Patient Advice and Support Service (PASS) and Patient Rights Officers to support people to make complaints and direct them to where to get support.

Ms Sturgeon said: "We listened to the concern that was raised about creating a culture of litigation, the so-called 'lawyers by the bedside' phenomenon. The bill, very clearly, does not give patients new rights to sue the NHS.

"That takes us to a fundamental point of what this bill is trying to do. It is not about punishing the NHS for not giving patients the care they are entitled to. Instead, it is about setting out and making it clear in law what boards are expected to do to give patients the required standard of care."

Ms Sturgeon said the legally binding guarantee meant boards were "under no illusions" about what they had to deliver.

Boards that could not meet the guarantee could take action, such as sending patients to other boards or to the private sector.

Ms Sturgeon said boards could be called to address their failings. Patients could also complain using the new procedures.

"Patients already have the right to take action for negligence, personal injury, etc. Any board that was not complying with the law would be open to judicial review in the extremis. I am not suggesting that patients would rush to judicial review boards, but it is there as a remedy."

Ms Sturgeon said that giving patients the legal right to complain and putting systems in place could also making the complaints process much easier.

The Royal College of Nursing (RCN) Scotland said it supported rights for patients, but was concerned about added bureaucracy.

Director Theresa Fyffe said: "The principles of respect, dignity and equality are fundamental to nursing care, but they simply cannot be legislated for.

"Indeed, a 12-week treatment guarantee could result in unintentionally undermining these core values and lowering standards of patient care, by rushing people through a system that doesn't have the resources to cope."

Labour health spokeswoman Jackie Baillie questioned what difference the bill would make to patients, who could already complain about their care.

She said: "It is difficult to see how this legislation will make any real difference to patients, and it is a distraction from the NHS's most important task, which is treating patients quickly in a clean and safe environment."

Jackson Carlaw, Conservative public health spokesman, said: "There are serious questions to answer about how much this bill and the new services it seeks to introduce will cost, and where on earth the money will come from."

KEY POINTS

&#149 Treatment time guarantee means patients must start treatment within 12 weeks of the treatment being agreed, says Ms Sturgeon, below.

&#149 A patient advice and support service (Pass) will be created, costing 1.25 million, staffed by patients rights officers.

&#149 Patients will have a legal right to complain.

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