NHS: Negligence

Health written question – answered on 21st March 2007.

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Photo of Andrew Lansley Andrew Lansley Shadow Secretary of State for Health

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.

Photo of Andy Burnham Andy Burnham Minister of State (Department of Health) (Delivery and Quality)

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)
1995-96 189 3,513 2,354 6,056 38.87 303,925,180 390,137,840
1996-97 196 3,315 2,447 5,958 41.07 290,583,088 360,865,194
1997-98 222 3,367 2,510 6,099 41.15 269,576,245 325,315,866
1998-99 273 3,269 2,654 6,196 42.83 282,962,080 333,006,260
1999-2000 268 2,806 2,548 5,622 45.32 239,956,313 276,798,146
2000-01 362 2,619 2,534 5,515 45.95 195,415,698 222,293,164
2001-02 543 2,234 2,292 5,069 45.22 152,868,563 169,861,508
2002-03 1,163 1,996 2,061 5,220 39.48 80,105,894 86,339,614
2003-04 1,843 1,413. 1,335 4,591 29.08 31,442,285 32,910,418
2004-05 1,405 895 746 3,046 24.49 12,249,695 12,478,171
2005-06 1,139 334 348 1,821 19.11 2,466,565 2,466,565
2006-07 297 22 33 352 9.38 120,580 117,429
Total 7,900 25,783 21,862 55,545 39.36 1,861,672,185 2,212,590,175
(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.

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