Scotland’s NHS has paid more than half a billion pounds in compensation over the past decade following thousands of clinical negligence claims, including almost £100 million linked to birth injuries.
The payouts have been made to patients affected by botched operations and inadequate care in hospitals and clinics across the country. Twelve of Scotland’s 14 health boards paid compensation to people injured through maternity and obstetric negligence.
The cases included babies who developed cerebral palsy and mothers who died during childbirth.
The figures have emerged as NHS Tayside faces the prospect of further claims from more than 200 patients who say they were harmed by brain surgeon Professor Sam Eljamel.
Potential claims against NHS Tayside
Patients treated by the disgraced medic had previously been prevented from bringing cases because of a three-year legal time limit. In February, NHS Tayside reset the time bar, allowing former patients to seek legal advice and potentially raise actions in the Court of Session.
The change followed a campaign arguing that the deadline had prevented many of those affected from pursuing compensation claims against the health board.
Among the patients is campaigner Jules Rose, who underwent surgery in 2013 in which Professor Eljamel removed her tear duct instead of a brain tumour. She received compensation in 2015.
Professor Eljamel, who returned to Libya in 2017 and has continued to work as a surgeon there, is alleged to have botched numerous operations during two decades, leaving some patients treated at NHS Tayside with life-changing injuries.
He was ordered four years ago to pay £2.8 million to a woman who was left with serious disabilities during his time at Ninewells Hospital in Dundee.
Ms Rose, 57, said the total compensation bill for Scotland’s NHS could rise considerably as former patients bring cases forward.
“Scotland may have seen half a billion paid out in compensation in the last 10 years, but I expect that figure will rise significantly in years to come because there are hundreds of patients who were treated by Eljamel,” she said.
“Not everyone will meet the threshold for clinical negligence but each patient deserves the right for access to justice. These patients have been harmed through no fault of their own.”
She said litigation could take years and place an additional burden on patients seeking redress, adding: “I fear health boards feel as if patients will just give up and go away.”
Ms Rose also questioned the effectiveness of clinical governance systems in Scotland’s health boards, saying the scale of the claims was “alarming”.
A public inquiry into the Eljamel scandal has been hearing evidence in six sections. The current phase includes witnesses from NHS Tayside, the Scottish Government, Dundee University and regulatory and professional bodies, while former patients are due to give evidence in December.
Attempts by the inquiry to contact Professor Eljamel have been unsuccessful.
Criticism of NHS management
Scottish Conservative health spokesman Miles Briggs blamed the level of compensation on what he described as years of SNP mismanagement, saying it had left NHS staff overworked and under-supported.
“Taxpayers have had to pay over half a billion pounds due to SNP ministers not taking care of our national health service,” he said.
Mr Briggs said the number of claims, alongside a record number of public inquiries into NHS failings and avoidable deaths, showed that “something has gone badly wrong” with healthcare in Scotland.
The compensation figures come as complaints about Scotland’s public services reach a record level. Some 6,588 people asked the Scottish Public Services Ombudsman to examine grievances involving health boards, councils and other public bodies last year, up 31 per cent from 5,000 the previous year.
The complaints included cases involving life-threatening conditions that had allegedly been misdiagnosed and concerns about staff conduct.
A Scottish Government spokesman said the number or value of claims settled in any individual year did not directly correspond to an increase in incidents.
“The NHS provides excellent care. But on the occasions where it does fall short of expectations, boards and healthcare providers must listen and act,” he said. “Overall responsibility and accountability lies with individual NHS Boards.”
