Patients seek comp after medical negligence mix-up
The Penrose inquiry took place recently to look into the supply of contaminated blood and blood products by Scotland NHS. The products were supplied to haemophiliacs and other patients in the 1970s and 1980s. Haemophiliacs are people who are affected by a blood disorder, which lowers the body's ability to allow the blood to clot properly, if the individual is bleeding.
The inquiry, was chaired by Court of Session judge Lord Penrose and was set up by the Scottish Government after legal proceedings, relating to medical negligence were made by the families of two patients who had died from infections that they sustained through contaminated products. It has been said that the proceedings could last up to two years.
Over 4,000 people across the UK are thought to have contracted diseases, such as hepatitis C in this way, where 2,000 have since died.
Not a time for passing blame
Lord Penrose started by declaring that the purpose of the inquiry was not to find individuals or institutions criminally liable, or legally liable for damages or breach of duty. Although the inquiry might identify "actions and failures" in the collection, treatment and supply of blood.
A compensation scheme has been set up for victims, but last month the independently financed Archer Inquiry in England, recommended additional payments to those affected after finding fault and delay by Government and scientific agencies.
A public inquiry into how people were infected with hepatitis C and HIV from contaminated blood, has said that extra compensation is not within its remit. Thousands of Scottish people, including haemophiliacs, were given contaminated blood in the 1970s and 1980s before screening was introduced in 1991.
These events have been described as one of the most tragic episodes in the history of the National Health Service. The inquiry is the result of more than 15 years of pressure from campaigners. The proceeding is being held before Lord Penrose, who formally launched the investigation close to a year after it was announced by the Scottish Government. Lord Penrose said that "actions and failures" may be identified.
But he added: "Neither of those matters will involve finding individuals or institutions legally liable to penalties, or for damages or for breach of duty, in a legal sense. I know that there are some who have argued that this inquiry should be able to deal with compensation. That is not part of my remit."
A minutes silence
The inquiry in Edinburgh began with a minute's silence, in remembrance of those who had died from infected blood products. Lord Penrose assured potential witnesses that he was "conscious of the tragic circumstances that bring us together".
He added: "We are aware also of the burden of responsibility and concern that is carried by those who treated patients, seeking to manage their illnesses, only to find that they had inflicted further pain and suffering on them.
He concluded by saying: "Many people have died. Many of the patients who survive, and the families of patients who died, deserve our deepest sympathy."
The Health Secretary, Nicola Sturgeon had previously indicated that compensation would not form part of the inquiry, but it was only formally confirmed by Lord Penrose when the inquiry opened.
Updated on 24/05/2009