| The retribution for a similar case in England would likely be under $50K following a extenuating process. Anguish and pain is taken with a grain of salt over there, not to mention the usual 200 mileride to have the surgery at a "specialized center", plus the 1-2 hour ride thru London, and all this after waiting for months for the screwed up surgery. Their system's priority is to cut costs. Will Americans settle for this? It's like comparing a juicy delmonico steak to a Mac-and-cheese................................................... "The government has legislated for a new program to come into operation to redress instances of clinical negligence.[ 42] The technicalities of this program have yet to be determined, but it initially appears that it will be limited to claims of under £20,000 (approximately US$28,000). The legislation granting the Secretary of State for Health the authority to establish this program requires that it must, in addition to providing for offers of compensation, include provisions that necessitate the giving of an explanation, an apology, and a report “on the action which has been, or will be, taken to prevent similar cases arising.”[ 43] The aim of introducing this additional program is not only to reduce litigation costs, but also to address concerns that the older program is:Complex and slow;Costly both in terms of legal fees and diverting clinical staff from clinical care;Negatively affecting NHS staff morale and public confidence;Dissatisfying patients with the lack of explanations and apologies or reassurance that action has been taken to prevent the same incident happening to another patient; andEncourages defensiveness and secrecy in the NHS, which stands in the way of learning and improvement in the health service.[ 44]Regulations implementing the program have yet to be issued; thus, as of May 2009 it is not in force." www.loc.gov |
