Negligence cases taking 20 years

A DAMNING report released yesterday reveals that some clinical negligence cases in Scotland have taken two decades to resolve.

One claim dated back 21 years in the Greater Glasgow and Clyde NHS area while another, in the Forth Valley board area, took 20 years to conclude.

The figures, released to the Conservatives by the Scottish Government, show that the average time is between one and five years across the country.

Tory MSP Margaret Mitchell said the findings were "absolutely astounding".

She said: "Whilst the nature of these claims is not specified, what is clear is that for the individuals concerned they have had to live for many years with the negligence incident hanging over their heads, and without closure for an unacceptably long period.

"In light of these figures, serious questions must be asked about the operation and efficiency of the central legal office, as well as how individual NHS boards and indeed the Scottish Government handles these claims."

Among the longest cases were ones lasting 16 years in Lanarkshire, 15 years in Lothian, 14 years in Fife and 12 years in Tayside, Borders and Ayrshire and Arran.

The government said cases were lengthened if they went to a formal hearing. In the case of baby birth injuries, it is usual to halt proceedings until the child is about ten years old, to establish the extent of injuries.

A Scottish Government spokeswoman said: "The average time taken to settle medical negligence claims in Scotland is around three and a half years. Where cases are complex – such as claims relating to birth – more time has to be spent on the investigation of the issues by both sides. This includes the need to obtain independent expert medical evidence, which can take 12 months or more for each opinion requested."