NHS Redress Bill [HL]

As the noble Earl has said, the amendment would specify in the Bill that liabilities and tort arising from a breach of a duty of care in connection with the provision of advice to a patient may be covered by the scheme, provided that the other elements required to establish a qualifying liability are also met. However, cases of that type may already be covered by the scheme under the provisions set out in Clause 1(4)(a), which is drafted widely to cover liabilities arising out of a breach of a duty of care owed to any person,"““in connection with the diagnosis of illness, or the care or treatment of any patient””." That would cover any negligent advice provided to a patient in connection with a diagnosis of illness or their care or treatment. In cases in which negligent advice is given to a patient by a healthcare professional and, as a result of that advice, there is a qualifying liability in tort, the case may be eligible for the scheme. In those circumstances, we do not believe that it is necessary to make the amendment that the noble Earl has sought, as it is covered by the Bill.