Is NHS Scotland paying far, far less in legal fees because it does a better job?

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From the BBC UK today:

The NHS in England faces paying out £4.3bn in legal fees to settle outstanding claims of clinical negligence, the BBC has learned through a Freedom of Information request.This figure includes all current unsettled claims and projected estimates of ones in the future. Estimates published last year put the total cost of outstanding compensation claims at £83bn.

https://www.bbc.co.uk/news/health-51180944

The above is a bit puzzling when the Law Society puts the bill at only £442 million for 2018/19.

https://www.lawgazette.co.uk/news/nhs-spending-on-claimant-legal-costs-drops-by-24m-in-a-year/5070986.article

And in Scotland? Well, the Daily Express told us gleefully in 2017:

Lawyers cost NHS Scotland over £30million in the past five years

https://www.express.co.uk/news/uk/792672/nhs-scotland-lawyers-over-30-million-past-five-years

I can’t easily find an official source for the Express story, so, lazily, if you don’t mind, I’m going to use it here.

Even if we take the Law Society figure of £442 million it looks like that is more than 70 times higher than the Scottish figure or 7 times with England having 10 times the population.

Why might this be? Clearly the answer will involve several factors but one, surely, must be that NHS Scotland attracts less claims because they do a better job?

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