Medical negligence settlements
in Wales.
Welsh NHS bodies can settle a qualifying liability for up to £50,000 through the redress scheme, and the limitation clock stops while it runs. A retired sailor whose spinal cord injury went undiagnosed after a fall in Pembrokeshire won a £109,006.96 interim payment against the ambulance service and hospitals. The Court of Appeal ruled health boards in child cases need not be anonymised.
Facts that decide a medical negligence claim in Wales
| NHS redress in Wales | A Welsh NHS body may offer financial redress for a qualifying liability of up to £50,000; pain and suffering is assessed on the common law basis.NHS (Concerns, Complaints and Redress Arrangements) (Wales) Regulations 2011, reg 29 |
|---|---|
| Limitation paused | While a liability is the subject of a redress application, the Limitation Act period is suspended.NHS (Concerns, Complaints and Redress Arrangements) (Wales) Regulations 2011, reg 30 |
| Time limit | Three years from the injury, or from your date of knowledge if later; Wales follows the same Limitation Act as England.Limitation Act 1980, s 11(4) |