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Miller Samuel Hill Brown Solicitors Blog

From time to time we will post news articles and announcements relating to the firm and to various legal issues that may be of interest to you.

New asbestos law launched in Scotland

A new bill designed to re-claim the medical costs of treating people suffering from asbestos related disease has been launched by Clydeside Action on Asbestos (CAA) and Scottish Nationalist MSP Stuart McMillan.

The Recovery of Medical Costs for Asbestos Diseases (Scotland) Bill will allow the NHS to claw back the enormous costs associated with caring for people who contracted industrial diseases like mesothelioma which is caused by exposure to asbestos.

CAA and Stuart McMillan estimate that over £20 million pounds a year is spent by NHS Scotland diagnosing and treating people suffering from the horrendous effects of asbestos exposure. The bill will enable the NHS to re-coup those costs from insurance companies who have already settled civil claims with victims. The costs of treatment will be calculated from a patient’s initial diagnosis.

There is currently provision in Scots law for the NHS to claim from insurers the costs of treating people involved in accidents but no recovery system exists for those who have contracted industrial diseases.

CAA and Mr McMillan anticipate the bill will meet with very strong resistance from the Association of British Insurers but firmly believe that those who cause industrial disease should compensate our National Health Service for the strain that asbestos has placed on its finite resources.

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