NHS: Negligence

Health written question – answered on 11th March 2009.

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Photo of John Baron John Baron Opposition Whip (Commons)

To ask the Secretary of State for Health how many clinical negligence cases were closed by the NHS Litigation Authority in the last year for which figures are available; how many of them were funded by (a) legal aid, (b) conditional fee agreements, (c) before the event insurance, (d) private means and (e) other means; and how many cases in each category of funding resulted in an award of damages or a settlement involving an agreement to pay damages.

Photo of Ann Keen Ann Keen Parliamentary Under-Secretary (Health Services), Department of Health

The information requested was obtained from the NHS Litigation Authority (NHSLA) and is provided in the following table. Claimants are not required to provide details of their funding arrangements, but the NHSLA records this where it is known.

Number of clinical negligence claims closed in 2007-08 as at 28 February 2009
Claimant funding Damages awarded No damages Grand total
Before the Event Insurance 287 91 378
Conditional Fee Arrangement 1,132 438 1,570
Legal Services Commission 1,133 803 1,936
Self-funded 425 286 711
Unknown 495 1,089 1,584
Grand total 3,472 2,707 6,179

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