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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 many settled claims funded by legal aid and brought against the NHS Litigation Authority were brought on behalf of a minor in each of the last three years; what proportion of all legally-aided claims that figure represents in each such year; and how much was paid out (a) in total and (b) on average in each such year.

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

The information to show how many settled claims funded by legal aid and brought against the NHS Litigation Authority that were brought on behalf of a minor in each of the last three years is in the following tables:

Number of clinical negligence claims funded by legal aid closed 2008-09 to 2010-11
  Legally aided claims on behalf of a minor All legally aided claims Legally aided claims on behalf of a minor as % of all legally aided claims
Year of closure Settled nil damages Settled with damages Total Settled nil damages Settled with damages Total Settled nil damages Settled with damages Total
2008-09 244 313 557 598 994 1,592 41 31 35
2009-10 251 349 600 573 1,068 1,641 44 33 37
2010-11 264 454 718 629 1,373 2,002 42 33 36
Total 759 1416 1,875 1,800 3,435 5,235 42 32 36
Number of clinical negligence claims funded by legal aid and settled as periodical payments 2008-09 to 2010-11
Year of settlement Legally aided claims on behalf of a minor All legally aided claims Legally aided claims on behalf of a minor as % of all legally aided claims
2008-09 104 126 83
2009-10 100 107 93
2010-11 101 116 87
Total 305 349 87
Total value of clinical negligence claims funded by legal aid closed 2008-09 to 2010-11
  Legally aided claims on behalf of a minor All legally aided claims
Year of closure Number settled with damages Total payments (damages + costs) (£) Average total payments (£) Number settled with damages Total payments (damages + costs) (£) Average total payments (£)
2008-09 313 144,984,359 463,209 994 242,190,356 243,652
2009-10 349 106,465,010 305,057 1,068 196,185,439 183,694
2010-11 454 193,153,391 425,448 1,373 376,956,348 274,549
Total 1,116 444,602,760 398,390 3,435 815,332,143 237,360
Total value of clinical negligence claims funded by legal aid and settled as periodical payments 2008-09 to 2010-11
  Legally aided claims on behalf of a minor All legally aided claims
Year of settlement Number of claims Total damages + costs paid (£) Average total damages + costs paid (£) Number of claims Total damages + costs paid (£) Average total damages + costs paid (£)
2008-09 104 521,565,382 5,015,052 126 579,971,849 4,602,951
2009-10 100 475,373,847 4,753,738 107 492,964,405 4,607,144
2010-11 101 507,527,119 5,025,021 116 547,988,200 4,724,036
Total 305 1,504,466,348 4,932,677 349 1,620,924,454 4,644,483
Note: For periodical payment orders (PPOs) total damages have been added as if the claim had settled on a lump sum basis to the actual costs payments. Source: National Health Service Litigation Authority (May 2011)

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