To ask the Secretary of State for Health
(1) how many claims for clinical negligence there were against the NHS in each year since 1995; and what percentage of these claims were successful in each year;
(2) what the total cost to the NHS was of successful claims for clinical negligence in each year since 1995-96 in (a) nominal and (b) real terms.
The following table shows how many claims there have been under the clinical negligence scheme for trusts (CNST) in each year since 1995, what percentage were successful , and the amounts paid out to date in nominal and real terms. The year is based upon the year that the incident was reported to have occurred.
|Number of CNST claims received (including Category A( 1) claims) by incident year as at February 2007|
|Incident year( 2)||Yet to settle||Settle— nil damages||Settled with damages||Total||Percentage successful claims of all claims||Total paid on successful claims||Total paid on successful claims in real terms with 2005-06 as reference year( 3)|
|(1) Category A claims are those that fell within the excess claim limit and were handled by individual trusts before the excess was removed in 2002. |
(2) Claims have been considered in the year that the incident occurred Additional points to note:
Claims may still be made for incidents that have yet to be reported within the stated years.
Successful claims are those claims that have been settled with damages, including claims which are still open due to legal costs being unresolved or where periodic payments are being made. This means that the costs for those claims will rise over time and therefore the figure will increase.
Category A claims were handled by individual trusts and reported to the NHS Litigation Authority. Therefore, the NHS Litigation Authority cannot 100 per cent. validate the accuracy of the data around these claims as the data were not: produced by the NHS Litigation Authority.
(3) Real terms calculated using the deflator series provided by HMT on 21 December 2006.