Report to the People
Alternatives to Litigation
The death or serious illness of a loved one is always a terrible experience.
But imagine how much more painful this would be if you believed it was down to negligent treatment.
In my short time as an elected representative, I have taken up the cases of several constituents in this position. Sadly, though, their experience when trying to raise their concerns only compounds their grief.
Not having the issue resolved satisfactorily by the NHS complaints system, their only remaining option is legal action. They find, though, that the courts are not well-suited to resolving disputes of this kind - they are slow, stressful and expensive. Parties are forced to adopt a confrontational approach and, to any member of the public, proceedings are archaic and confusing.
Time and again, people unfortunate enough to have been involved in civil court action express their dissatisfaction, not only at the outcome, but at the way in which the process was conducted.
And it’s not only a bad deal for the pursuer. The constant threat of legal action puts medical staff in fear of admitting mistakes or expressing concerns - exactly the sort of climate which leads to cover-ups.
I was, then, glad to hear Health Minister, Susan Deacon, last week outline the Scottish Executive’s plans to settle more NHS disputes outside the courtroom. In 2002, she confirmed, a new NHS complaints procedure will come into effect. Significantly, the new, more flexible system will include, for the first time, conciliation measures to help settle disputes. Further, the Royal Society of Edinburgh has drawn together a wide-ranging group to review the use of mediation in the NHS. The group, which includes representatives from the NHS, the BMA, the voluntary sector and the legal community will report its recommendations by end of January 2002.
Such initiatives are of course nothing new in themselves. As a trade union official, I would regularly resolve disputes through negotiation, mediation and (if that failed) arbitration.
But today, as an army of adverts on daytime television tries to conscript us into courtroom battles, there is a need to use alternative methods more readily and effectively.
Do we really want to live in a society obsessed with litigation? Do we want hard-pressed medical staff prevented from carrying out difficult treatments until the legal advisors and insurance companies have given the all-clear? Or off-duty paramedics refusing help someone having a heart attack in the street, for fear of being sued?
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