Scottish Parliamentary Committee hears further evidence on extending recovery of NHS charges to disease claims

On 10 November 2020 the Scottish Parliament’s Health and Sport Committee heard further evidence on the Liability for NHS Charges (Industrial Disease) (Scotland) Bill, taking evidence from the Scottish Government Minister for Public Health, Sport and Wellbeing, Joe Fitzpatrick MSP and Stuart McMillan MSP.

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Scottish Parliamentary Committee hears evidence on extending recovery of NHS charges to disease claims

On 3 November 2020, the Health and Sport Committee of the Scottish Parliament continued its stage 1 consideration of the Liability for NHS Charges (Industrial Disease) (Scotland) Bill, taking evidence from: the Association of Personal Injury Lawyers (APIL), the Forum of Scottish Claims Managers (FSCM), a Professor in occupational and environmental health and from a pursuer’s solicitor.

If enacted, the legislation would allow for the recovery by the state of charges incurred by the health service in treating pursuers with industrial diseases where they obtain compensation for the disease (but only when the cause of action arises after commencement).

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Secondary victim claims following Paul v Royal Hampton NHS Trust. What is the relevant event?

Secondary victim claims for psychiatric injury present claimants with a particular set of difficulties, namely the control mechanisms laid out in the case of Alcock v Chief Constable of South Yorkshire Police (which followed the Hillsborough stadium disaster).  In order to succeed, a secondary victim must prove that he or she: (1) witnessed a shocking or horrifying event (or its immediate aftermath), (2) suffered a recognised psychiatric injury, (3) had a close tie of love and affection with the primary victim of the event, (4) witnessed the event directly and (5) was sufficiently “proximate” to the event in both time and space.

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