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NHS: Negligence

Volume 475: debated on Tuesday 13 May 2008

To ask the Secretary of State for Health what the policy of the NHS Litigation Authority is in respect of defending clinical negligence claims funded by (a) conditional fee agreements and (b) legal aid. (205368)

The NHS Litigation Authority (NHSLA) is responsible for handling clinical negligence claims made against members of its schemes. It does not have a policy in respect of defending claims based upon the funding arrangements of the claim. Case managers at the NHSLA make decisions on the defence of each claim based upon the available facts and expert legal and medical opinion. Claimants are not required to report their funding arrangements unless the claim proceeds to court.