A person injured by the NHS should be able to recover the cost of private medical treatment, APIL executive committee (EC) member Suzanne Trask told Law Society Gazette this week.
Following publication of a National Audit Office (NAO) report, there have been renewed calls for reform of the Law Reform (Personal Injuries) Act 1948, which permits a claimant to recover the costs of private medical treatment. In an article for the Law Society Gazette, Suzanne said: “The law rightly expects the claimant patient to be put in the closest position possible to that which they would have been in, had the negligence not occurred. The NHS will be simply unable to meet this need. It often can’t get close to it. It cannot be right that a defendant can injure people through negligence, and then leave them in a position where they continue to rely upon the defendant for treatment which could be provided by others more swiftly.”