Alec Salmond Leader of SNP with two thumbs up

An independent Scotland will have to fund it’s Clinical Negligence Liabilities

As time to the Independence referendum ticks by and the debates become ever more heated it can only be fair to say that little has been made of the importance of the NHS in Scotland and even less consideration has been given to a stand alone Scottish health service.

Given the state of the Scottish nation’s health (falling almost consistently at the bottom for the UK) there is a huge burden of negligence claims afoot and these will need funding by someone – this can be added to the list of expenses that independence will bring with it and which almost certainly have not been accounted for.

Westminster Underwrites NHS Liabilities

Like an insurance conglomerate covering the liabilities of a small subsidiary in the case of a straight forward personal injury case, the UK underwrites the liabilities of the NHS which includes the cost of compensation and litigation. Without the backing of the UK the law in respect of clinical negligence in Scotland could be changed – denying injured parties their rightful compensation and recognition for their pain, suffering and loss of amenities.

Whilst Scottish law has long been segregated from English law an independent Scotland this could be the start of a parallel health service which clinical negligence practitioners and medical experts need to learn a lot more about. An independent Scotland will surely lead to health tourism within the UK with Scots denied treatment travelling south of the border. This naturally leads to fragmented care, opportunities for communication errors and possibly negligence claims within two legal jurisdictions. Complicated but not impossible to deal with if you have the right medical expert and one who can assist you to apportion liability and enable you to focus your case for the benefit of your client.

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Dr Grant Charlesworth-Jones

Dr. Charlesworth-Jones not only holds dual qualifications in both medicine and law but also continues to practice both.

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