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NHS: Negligence

Volume 497: debated on Wednesday 14 October 2009

To ask the Secretary of State for Health how many claims were made under the Clinical Negligence Scheme for Trusts in each financial year since 1997-98 for which figures are available; what the combined monetary value of such claims was in each year; and what proportion of such claims (a) were for the recovery of the claimant's legal and other costs and (b) related to each clinical area in each year. (291501)

The information requested was provided by the NHS Litigation Authority and a copy has been placed in the Library.

To ask the Secretary of State for Health what the highest ratio of claimant costs to legal costs in cases involving the NHS litigation authority in respect of which legal proceedings have been completed was in each of the last five years; and how much was spent on (a) claimant costs and (b) damages in total in relation to such cases in which claimant costs exceeded damages in each of those years. (291711)

The NHS Litigation Authority does not record data specifically on legal costs, but records global costs paid by defendants and claimants, which will include legal costs, medical expert witnesses and other disbursements. To provide data specifically on legal costs would be at disproportionate cost.

The NHS Litigation Authority has provided data in the following tables that cover overall claimant costs and damages as an alternative to the information requested.

Table 1: Top highest claimant costs to damages ratio for clinical negligence claims in each of the last five years where legal proceedings were completed in those years

Year of closure

Damages paid (£)

Claimant costs paid (£)

Proportion of costs to damages (percentage)

2004-05

3,000.00

34,000.00

1133

2005-06

1,750.00

102,334.00

5848

2006-07

5,000.00

101,082.85

2022

2007-08

2,500.00

62,500.00

2500

2008-09

1,000.00

10,500.00

1050

Table 2: Damages and claimant costs paid on all closed clinical negligence claims where the claimant costs exceeded the damages by year of closure

Year of closure

Damages paid (£)

Claimant costs paid (£)

2004-05

9,824,545

17,135,815

2005-06

10,946,714

19,786,927

2006-07

11,852,076

20,681,500

2007-08

18,309,285

31,968,752

2008-09

16,923,244

31,569,368

Total

67,855,864

121,142,363