The report Making Amends is a landmark publication – the most comprehensive review there has ever been of the law relating to clinical negligence. It identifies the deficiencies of the current system, particularly in terms of expense and delay, while recognising the improvements that have been achieved following the reform of the Civil Procedure Rules.
When the chief medical officer (CMO), Sir Liam Donaldson, announced this review, he sent shockwaves through the legal community by declaring that he was prepared to contemplate fairly radical change in the form of no-fault compensation or a tariff-based system. The final report acknowledges that these would not be workable, but considers the possibility of simplifying procedures within an NHS Redress Scheme. Individuals would still be able to pursue their case through the civil courts but would not then be able to pursue a court remedy at a later date.
