Proposed further tort reform after the NHS Redress Act: a Trojan Horse from Making Amends

Abstract

Recommendation 17 of Making Amends proposes reform or repeal of section 2(4) of the Law Reform (Personal Injuries) Act. Reform or repeal of section 2(4) may be superficially attractive based on the potential problem of double recovery. There are, however, legal limits to double recovery actually happening and reliable estimates of the extent of the problem seem not to be available. Repeal may have limited financial savings for the National Health Service (NHS) but may have significant benefits for those who indemnify other potential Defendants. Recommendation 17 threatens to remove the option to remain at home for severely-injured victims of clinical negligence in the NHS. As such, this undermines the basis of tort compensation.