Skip to main content

NHS: Negligence

Volume 475: debated on Tuesday 6 May 2008

To ask the Secretary of State for Health what the cost to the public purse was of (a) legal costs and (b) damages awarded in respect of clinical negligence cases involving the NHS in each of the last three years. (200434)

The information requested is in the following table. The information was obtained from the NHS Litigation Authority's published accounts.

£

Year claim closed

Damages

Defence legal costs

Claimant legal costs

2005-06

412,245,050

54,894,083

91,252,864

2006-07

332,786,934

49,808,394

83,830,905

2007-08

384,841,737

56,848,517

108,921,201

Notes:

1. The data only cover claims made against national health service trusts, NHS foundation trusts or primary care trusts.

2. The year represents the year the claim closed, not the year of incident nor the year the claim was made.

To ask the Secretary of State for Health how many clinical negligence cases the NHS (a) won and (b) lost in each of the last three financial years. (200435)

The information requested is in the following table and was obtained from the NHS Litigation Authority (NHSLA).

Number of claims won and lost by the NHSLA by year claims were closed

Year claim closed

Number of claims—nil damages ‘won’

Number of claims with damages ‘lost’

2005-06

3,541

3,564

2006-07

3,330

3,209

2007-08

3,054

3,630

Notes:

1. The data only cover claims made against national health services trusts, NHS foundation trusts or primary care trusts.

2. Claims ‘won’ are claims where the NHSLA did not pay damages. Claims ‘lost’ are claims where the NHSLA paid damages.

3. The numbers represent the number of cases closed per year, not the number of incidents reported per year nor the number of claims made in a year.

To ask the Secretary of State for Health how many cases of clinical negligence litigation involving the NHS there were in each of the last three financial years; and how many of those cases were financed by legal aid. (200436)

The NHS Litigation Authority (NHSLA) provided the data requested in the following table. The data only cover claims relating to national health service trusts, NHS foundation trusts, and primary care trusts.

Number of clinical negligence claims received 1 April 2005 to 31 March 2008 and their claimant funding as at 31 March 2008

NHSLA notification year

Before the event insurance

Conditional fee arrangement

Legal services commission

Self funded

Not identified

Total

2005-06

275

1,346

1,537

670

1,872

5,700

2006-07

329

1,503

1,313

597

1,678

5,420

2007-08

319

1,501

965

489

2,196

5,470

Total

923

4,350

3,815

1,756

5,746

16,590

Note:

Claimants are only required to provide details of funding arrangements if a case proceeds to court.