PATIENTS across Scotland are being prevented from seeking compensation for medical blunders because of a lack of advice, support and the high cost of legal action, according to a consumer group report.

NHS litigation payouts in Scotland are less than £10m a year - compared to £40m a year in Wales and £500m in England - despite fears of a growing "compensation culture".

The Central Legal Office (CLO) within NHS Scotland, which handles cases of medical negligence, claims the low figures are a measure of its success. But the Scottish Consumer Council (SCC) has claimed the statistics may have uncovered "greater barriers to obtaining compensation in Scotland than the rest of the UK".

The council has now called for mediation - where cases are referred to a third party who aims to open lines of communication and help the parties agree a solution - to be made more widely available.

The SCC said: "The increased availability of mediation as an option for resolving disputes of all kinds would be an important step towards achieving better access to justice for consumers in Scotland."

A MORI survey found that 34% of victims want an apology, while 11% believe financial compensation is the most appropriate response. Ewan Malcolm, director of the Scottish Mediation Network, said mediation is often best for all concerned.

He added: "As well as settling the financial claim, mediation can result in important things such as an explanation, an acknowledgement and a reassurance about changed practice.