NHS Redress (Wales) Measure 2008
The NHS Redress (Wales) Measure 2008 is a law passed by the National Assembly for Wales designed to provide a process for investigating and resolving complaints relating to NHS care in Wales, without the need for lengthy and costly court proceedings. It enables Health Boards and NHS Trusts in Wales to offer redress, including financial compensation, to individuals who have suffered harm as a result of negligent care.
The Measure establishes a framework for the investigation of eligible cases, focusing on incidents that have resulted in personal injury, disease, or death. It allows NHS bodies to admit liability and offer an apology, explanation, and a financial payment to the affected individual or their family. The process aims to be quicker and less adversarial than traditional litigation, facilitating resolution and learning from mistakes within the NHS.
Key features of the Measure include:
- Eligibility criteria: Defining the types of cases that can be considered under the scheme.
- Investigation process: Outlining the steps for investigating complaints and gathering evidence.
- Offer of redress: Setting out the circumstances under which redress, including financial compensation, can be offered.
- Independent legal advice: Provision for individuals to receive independent legal advice about the offer of redress.
- Learning and improvement: Emphasizing the importance of learning from complaints to improve patient safety and the quality of care.
The Measure is overseen and guided by associated regulations and guidance to ensure consistency and fairness in its application across Wales. It is an important part of the Welsh Government's commitment to improving the quality and safety of NHS services and providing a fair and accessible system for resolving complaints.