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NHS: Negligence

Health written question – answered on 8th June 2011.

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Photo of Yvonne Fovargue Yvonne Fovargue Labour, Makerfield

To ask the Secretary of State for Health how much the NHS Litigation Authority paid (a) on average to successful claimants (i) in total and (ii) for medical reports in cases of clinical negligence in each of the last three years and (b) on average in respect of its own costs (A) in total and (B) in respect of medical reports in each such year.

Photo of Simon Burns Simon Burns The Minister of State, Department of Health

The information to show how much the National Health Service Litigation Authority (NHSLA) paid on average to successful claimants in total in cases of clinical negligence in each of the last three years and on average in respect of its own costs in total is in the following table.

Number of clinical negligence claims closed with damages 2008-09 to 2010-11
£
Year of closure Damages paid Average damages Defence costs paid Average defence costs Clamant costs paid Average claimant costs
2008-09 278,038,411 93,114 35,916,879 12,028 95,911,592 32,120
2009-10 267,332,564 71,137 38,491,431 10,243 112,528,769 29,944
2010-11 499,478,033 94,976 59,664,874 11,345 192,481,953 36,600
Total 1,044,849,007 87,049 134,073,184 11,170 400,922,313 33,402
Number of clinical negligence claims settled as periodical payments 2008-09 to 2010-11
£
Year of settlement Total damages Average damages Defence costs paid Average defence costs Clamant costs paid Average claimant costs
2008-09 552,136,757 4,214,784 17,207,984 131,359 38,403,070 293,153
2009-10 504,736,479 3,943,254 13,712,666 107,130 34,043,228 265,963
2010-11 547,337,006 4,210,285 12,830,840 98,699 21,748,248 167,294
Total 1,604,210,242 4,123,934 43,751,490 112,472 94,194,546 242,145
Notes: 1. Periodical payment orders (PPOs) that have ongoing payments have been included separately and the figure provided is as though they were settled on a lump sum basis. 2. Some of the defence costs and claimant costs not have been finalised yet and so the costs, payment figures and average costs payment figures may be understated. 3. It is not possible to show specific costs for medical records as the NHSLA does not record costs in this level of detail. Source: National Health Service Litigation Authority (May 2011)

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