NHS: Negligence
Health
Written answers and statements, 27 October 2009

Andrew Lansley (Shadow Secretary of State for Health, Health; South Cambridgeshire, Conservative)
To ask the Secretary of State for Health pursuant to the answer of 13 July 2009, Official Report, column 176W, on NHS: negligence, how much was spent in total on (a) claimant costs, (b) defence costs and (c) damages for (i) the closed claims in which claimant costs exceeded damages and (ii) all closed claims in each year.

Ann Keen (Parliamentary Under-Secretary, Department of Health; Brentford & Isleworth, Labour)
Following an internal review by the NHS Litigation Authority, an error was detected in Table 2 of the answer of
| Table 1: Payments made on clinical negligence claims where claimant costs were greater than the damages paid on claims closed 2004-05 to 2008-09 as at 30 August 2009 | |||
| £ | |||
| Year of closure | Damages paid | Defence costs paid | Claimant c osts paid |
| 2004-05 | 9,824,545 | 8,591,362 | 17,105,723 |
| 2005-06 | 10,957,214 | 8,475,960 | 19,786,927 |
| 2006-07 | 11,857,076 | 8,345,493 | 20,668,200 |
| 2007-08 | 18,385,285 | 11,371,170 | 31,878,502 |
| 2008-09 | 16,949,494 | 9,786,706 | 31,553,118 |
| Total | 67,973,614 | 46,570,691 | 120,992,471 |
| Table 2: Payments made on all other clinical negligence claims closed 2004-05 to 2008-09 as at 30 August 2009 | |||
| £ | |||
| Year of closure | Damages paid | Defence costs paid | Claimant costs paid |
| 2004-05 | 358,508,722 | 43,504,736 | 58,017,881 |
| 2005-06 | 353,351,141 | 39,468,081 | 60,943,948 |
| 2006-07 | 275,848,011 | 33,366,925 | 53,294,121 |
| 2007-08 | 332,052,942 | 40,111,830 | 67,590,234 |
| 2008-09 | 289,238,325 | 36,480,285 | 69,616,778 |
| Total | 1,608,999,141 | 192,931,858 | 309,462,963 |
| Table 3: Payments made on all clinical negligence claims closed 2004-05 to 2008-09 as at 30 August 2009 | |||
| £ | |||
| Year of closure | Damages paid | Defence costs paid | Claimant costs paid |
| 2004-05 | 368,333,267 | 52,096,098 | 75,123,605 |
| 2005-06 | 364,308,355 | 47,944,041 | 80,730,875 |
| 2006-07 | 287,705,087 | 41,712,419 | 73,962,321 |
| 2007-08 | 350,438,228 | 51,483,000 | 99,468,737 |
| 2008-09 | 306,187,819 | 46,266,991 | 101,169,896 |
| Total | 1,676,972,755 | 239,502,548 | 430,455,434 |
