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1130909

registered interest
date	10/06/2019
answering body	Department of Health and Social Care
answering dept id	17
answering dept short name	Health and Social Care
answering dept sort name	Health and Social Care
hansard heading	NHS: Negligence
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Health and Social Care, with reference to the NHS Long Term Plan and NHS Planning Guidance commitments for 2019-20, what progress his Department has made against the commitment to reduce patient harm and the substantial costs associated with it through a new ten-year national strategy; and if he will make a statement.
tabling member constituency	Leicester South
tabling member printed	Jonathan Ashworth
uin	262390
answer	answer is ministerial correction date of answer 18/06/2019 answer text <p>The NHS Long Term Plan commits to improving patient safety and reducing patient harm and the substantial costs associated with it. A new NHS Patient Safety Strategy will be published in the summer and this will set out the next steps to support the NHS to deliver this commitment.</p> answering member constituency Gosport answering member printed Caroline Dinenage question first answered 18/06/2019 10:55:32 answering member 4008 label Biography information for Dame Caroline Dinenage
tabling member	4244 label Biography information for Jonathan Ashworth

1121725

registered interest
date	18/04/2019
answering body	Department of Health and Social Care
answering dept id	17
answering dept short name	Health and Social Care
answering dept sort name	Health and Social Care
hansard heading	NHS: Negligence
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Health and Social Care, when he plans to publish (a) the summary of responses to and (b) his Department's response to its consultation on appropriate clinical negligence cover.
tabling member constituency	Strangford
tabling member printed	Jim Shannon
uin	245793
answer	answer is ministerial correction date of answer 30/04/2019 answer text <p>The Department consulted on the future of clinical negligence indemnity cover for registered healthcare professionals in the United Kingdom.</p><p>The consultation ran between 6 December 2018 and 28 February 2019. We are analysing responses to the consultation, and will publish a summary of responses and a Government response in due course.</p> answering member constituency South Ribble answering member printed Seema Kennedy question first answered 30/04/2019 12:22:01 answering member 4455 label Biography information for Seema Kennedy
tabling member	4131 label Biography information for Jim Shannon

1121872

registered interest
date	18/04/2019
answering body	Department of Health and Social Care
answering dept id	17
answering dept short name	Health and Social Care
answering dept sort name	Health and Social Care
hansard heading	NHS: Negligence
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Health and Social Care, how many litigation claims have been brought against the NHS as a result of a problem with (a) equipment, (b) technologies and (c) the NHS estate; how many of those claims were successful; and what were the total awards were for those claims in each financial year since 2012-13.
tabling member constituency	Leicester South
tabling member printed	Jonathan Ashworth
uin	245798
answer	answer is ministerial correction date of answer 25/04/2019 answer text <p>NHS Resolution handles clinical negligence claims and non-clinical negligence claims on behalf of National Health Service organisations and independent sector providers of NHS care in England.</p><p>The question has been interpreted as relating to non-clinical negligence claims.</p><p>NHS Resolution manages three non-clinical negligence schemes under the heading of the Risk Pooling Schemes for Trusts:</p><p>- Property Expenses Schemes which covers ‘first party’ losses such as property damage and theft, for incidents on or after 1 April 1999; and</p><p>- the Liabilities to Third Parties Scheme which covers non-clinical claims such as public and employers’ liability.</p><p>In addition, NHS Resolution manages one other non-clinical scheme:</p><p>- Department of Health and Social Care Non-clinical, which covers non-clinical negligence liabilities that have transferred to the Secretary of State for Health and Social Care following the abolition of any relevant health bodies.</p><p>The following table shows the number of claims received each year in relation to problems with equipment.</p><table><tbody><tr><td><p>Year incident was raised</p></td><td><p>Number of claims received</p></td></tr><tr><td><p>2012/13</p></td><td><p>4,566</p></td></tr><tr><td><p>2013/14</p></td><td><p>4,367</p></td></tr><tr><td><p>2014/15</p></td><td><p>3,760</p></td></tr><tr><td><p>2015/16</p></td><td><p>2,726</p></td></tr><tr><td><p>2016/17</p></td><td><p>1,725</p></td></tr><tr><td><p>2017/18</p></td><td><p>590</p></td></tr><tr><td><p>2018/19</p></td><td><p>98</p></td></tr></tbody></table><p> </p><p>The following table shows the amounts paid out during each financial year for claims relating to problems with equipment. The entries refer to when payments were made and does not necessarily relate to the financial year an incident occurred.</p><table><tbody><tr><td><p>Financial year</p></td><td><p>Amounts paid out for claims relating to problems with equipment</p></td></tr><tr><td><p>2012/13</p></td><td><p>£8,204,771</p></td></tr><tr><td><p>2013/14</p></td><td><p>£7,014,972</p></td></tr><tr><td><p>2014/15</p></td><td><p>£8,726,029</p></td></tr><tr><td><p>2015/16</p></td><td><p>£7,936,048</p></td></tr><tr><td><p>2016/17</p></td><td><p>£8,436,601</p></td></tr><tr><td><p>2017/18</p></td><td><p>£7,895,749</p></td></tr><tr><td><p>2018/19</p></td><td><p>£9,154,852</p></td></tr></tbody></table><p> </p><p>In relation to problems with technologies and problems with the NHS estate, NHS Resolution has advised that it does not have the information in the format requested.</p> answering member constituency South Ribble answering member printed Seema Kennedy question first answered 25/04/2019 14:07:25 answering member 4455 label Biography information for Seema Kennedy
tabling member	4244 label Biography information for Jonathan Ashworth

1091200

registered interest
date	19/03/2019
answering body	Department of Health and Social Care
answering dept id	17
answering dept short name	Health and Social Care
answering dept sort name	Health and Social Care
hansard heading	NHS: Negligence
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Health and Social Care, what estimate his Department has made of the potential cost of clinical negligence claims to NHS Resolution over the next three years.
tabling member constituency	Strangford
tabling member printed	Jim Shannon
uin	234131
answer	answer is ministerial correction date of answer 27/03/2019 answer text <p>NHS Resolution handles clinical negligence claims on behalf of National Health Service organisations and independent sector providers of NHS care in England.</p><p> </p><p>NHS Resolution have provided the following information which covers spend specifically attributed to clinical negligence, principally pay-outs pertaining to claims received under the Clinical Negligence Scheme for Trusts. The figures also include clinical negligence pay-outs relating to Department-funded indemnity schemes in respect of legacy bodies such as primary care trusts and regional health authorities.</p><p> </p><p>Costs in the context of HM Treasury-defined budgeting arrangements are defined as the amount expected to be paid in relation to settling claims in that financial year, including damages payments, claimant legal costs, and defence legal costs, and are shown in the following table.</p><p> </p><p>The costs reported do not include NHS Resolution administration or costs incurred locally by NHS providers in dealing with claims such as their own administration costs.</p><p> </p><table><tbody><tr><td><p> </p></td><td><p>Clinical Negligence Scheme for Trusts (£ million)</p></td><td><p>Department of Health Scheme for Clinical Liabilities (£ million)</p></td><td><p>Existing Liabilities Scheme (£ million)</p></td><td><p>Regional Health Authorities Scheme (£ million)</p></td><td><p>Total (£ million)</p></td></tr><tr><td><p>2019/20</p></td><td><p>2,300</p></td><td><p>96</p></td><td><p>36</p></td><td><p>1</p></td><td><p>2,433</p></td></tr><tr><td><p>2020/21</p></td><td><p>2,410</p></td><td><p>90</p></td><td><p>35</p></td><td><p>1</p></td><td><p>2,536</p></td></tr><tr><td><p>2021/22</p></td><td><p>2,710</p></td><td><p>85</p></td><td><p>34</p></td><td><p>1</p></td><td><p>2,830</p></td></tr></tbody></table><p> </p><p>Notes:</p><p>The costs have been estimated on the basis of a personal injury discount rate (PIDR) of minus 0.75%. However, The Civil Liability Act 2018 includes a new way of setting the PIDR rate. A review of the PIDR rate has been announced and therefore the figures provided here may change.</p><p>NHS Resolution reviews its five-year forecasts annually and any changes in the underpinning actuarial assumptions are likely to result in revised projections. The figures quoted should therefore be considered as broad estimates based on latest available information and subject to change in the future.</p><p>The figures provided in this reply do not include claims brought against general practitioners.</p> answering member constituency Gosport answering member printed Caroline Dinenage question first answered 27/03/2019 12:46:00 answering member 4008 label Biography information for Dame Caroline Dinenage
tabling member	4131 label Biography information for Jim Shannon

1091201

registered interest
date	19/03/2019
answering body	Department of Health and Social Care
answering dept id	17
answering dept short name	Health and Social Care
answering dept sort name	Health and Social Care
hansard heading	NHS: Negligence
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Health and Social Care, what discussions his Department has had with the Ministry of Justice and Civil Justice Council on reforming the tort of negligence in medical malpractice to address the rising cost of clinical negligence claims on NHS Resolution.
tabling member constituency	Strangford
tabling member printed	Jim Shannon
uin	234132
answer	answer is ministerial correction date of answer 27/03/2019 answer text <p>In 2017 the National Audit Office (NAO) published a report which challenged the Government to publish a co-ordinated strategy to reduce clinical negligence costs.</p><p> </p><p>The Department of Health and Social Care is working jointly with the Ministry of Justice, the Treasury, Cabinet Office, NHS Resolution and others, to respond to the challenge from the NAO in their ‘Managing the Costs of Clinical Negligence in Trusts’ report to publish a co-ordinated strategy to reduce clinical negligence costs. We are looking at all the drivers of costs, as challenged by the NAO, and a wide range of options are being considered. We will update the House when we are in a position to do so.</p><p> </p><p>The Civil Justice Council (CJC) is expected to report shortly on proposals to extend fixed recoverable costs (FRC) in clinical negligence cases up to £25,000 damages. The Government will consult before implementing any extension of FRC following the CJC report.</p> answering member constituency Gosport answering member printed Caroline Dinenage question first answered 27/03/2019 12:41:59 answering member 4008 label Biography information for Dame Caroline Dinenage
tabling member	4131 label Biography information for Jim Shannon

1064748

registered interest
date	21/02/2019
answering body	Department of Health and Social Care
answering dept id	17
answering dept short name	Health and Social Care
answering dept sort name	Health and Social Care
hansard heading	NHS: Negligence
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Health and Social Care, when he plans to publish the cross-Government strategy on the costs of clinical negligence.
tabling member constituency	Dudley North
tabling member printed	Ian Austin
uin	224312
answer	answer is ministerial correction date of answer 26/02/2019 answer text <p>The rising costs of clinical negligence are a major concern. As set out by the National Audit Office in their September 2017 report ‘Managing the Costs of Clinical Negligence in Hospital Trusts’, between 2006-07 and 2016-17, annual cash costs for clinical negligence quadrupled from £0.4 billion to £1.6 billion. In the same period the number of claims registered with NHS Resolution doubled from 5,300 to 10,600. Funds spent on clinical negligence claims are resources that are not available for patient care and this rate of rise is unsustainable.</p><p> </p><p>We are committed to tackling this issue and we are working intensively across Government, looking at all the drivers of cost. We will bring forward proposals in due course.</p> answering member constituency Winchester answering member printed Steve Brine question first answered 26/02/2019 15:40:50 answering member 4067 label Biography information for Steve Brine
tabling member	1511 label Biography information for Lord Austin of Dudley

1010691

registered interest
date	20/11/2018
answering body	Department of Health and Social Care
answering dept id	17
answering dept short name	Health and Social Care
answering dept sort name	Health and Social Care
hansard heading	NHS: Negligence
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Health and Social Care, how much has been disbursed by the NHS in relation to medical negligence claims in the last five years.
tabling member constituency	Strangford
tabling member printed	Jim Shannon
uin	193572
answer	answer is ministerial correction date of answer 28/11/2018 answer text <p>NHS Resolution handles clinical negligence claims on behalf of the National Health Service in England.</p><p> </p><p>The following table shows NHS Resolution spending on clinical negligence as managed through the Clinical Negligence Scheme for Trusts (CNST) for the last five years.</p><p> </p><table><tbody><tr><td><p>Financial Year</p></td><td><p>CNST spending on clinical negligence (£ billion)</p></td></tr><tr><td><p>2013-14</p></td><td><p>1.1</p></td></tr><tr><td><p>2014-15</p></td><td><p>1.1</p></td></tr><tr><td><p>2015-16</p></td><td><p>1.4</p></td></tr><tr><td><p>2016-17</p></td><td><p>1.6</p></td></tr><tr><td><p>2017-18</p></td><td><p>2.1</p></td></tr></tbody></table><p> </p><p>Notes:</p><ol><li>The spending figures only cover spending specifically attributed to clinical negligence, principally pay-outs pertaining to CNST as managed by NHS Resolution plus associated administration costs, claimant legal and defence legal costs.</li><li>The figures are for the NHS in England only and do not include any unrecorded costs, for example staff employed by trusts to deal with claims.</li><li>The figures do not include the cost of clinical negligence claims in primary care as primary care funding includes an unspecified element for indemnity premia.</li><li>The figures do not include clinical negligence pay-outs relating to Department-funded indemnity schemes in respect of legacy bodies such as primary care trusts and strategic or regional health authorities.</li></ol> answering member constituency Wimbledon answering member printed Stephen Hammond question first answered 28/11/2018 14:27:46 answering member 1585 label Biography information for Stephen Hammond
tabling member	4131 label Biography information for Jim Shannon

988851

registered interest
date	16/10/2018
answering body	Department of Health and Social Care
answering dept id	17
answering dept short name	Health and Social Care
answering dept sort name	Health and Social Care
hansard heading	NHS: Negligence
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Health and Social Care, what steps he has taken to improve the quality of assessments of liability by the NHS in advance of the commencement of legal proceedings.
tabling member constituency	Basildon and Billericay
tabling member printed	Mr John Baron
uin	180108
answer	answer is ministerial correction date of answer 22/10/2018 answer text <p>NHS Resolution handles clinical negligence claims on behalf of National Health Service organisations and independent sector providers of NHS care in England.</p><p> </p><p>The Department oversees the performance of NHS Resolution in relation to claims management through its sponsorship arrangements which include a Framework Document and quarterly accountability meetings with reporting against a range of Key Performance Indicators. In addition, the National Audit Office has conducted a Value for Money assessment of the costs of clinical negligence, including examining the role and activities of NHS Resolution in detail. No concerns have been raised to NHS Resolution in relation to its decision making through either process.</p><p> </p><p>NHS Resolution has advised that 70% of cases were resolved in 2017/18 without court proceedings of which 39% resulted in no payment of damages. Less than 1% go to trial with most ending in judgment in favour of the NHS. All its cases are thoroughly reviewed and in the great majority of clinical negligence cases, NHS Resolution obtains independent expert evidence before reaching a decision on liability.</p> answering member constituency North East Cambridgeshire answering member printed Stephen Barclay grouped question UIN 180110 question first answered 22/10/2018 16:33:47 answering member 4095 label Biography information for Steve Barclay
tabling member	1390 label Biography information for Mr John Baron

988853

registered interest
date	16/10/2018
answering body	Department of Health and Social Care
answering dept id	17
answering dept short name	Health and Social Care
answering dept sort name	Health and Social Care
hansard heading	NHS: Negligence
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Health and Social Care, how many and what proportion of the litigated claims in which the NHS paid damages in the last 12 months were as a result of (a) breach of duty and (b) or causation.
tabling member constituency	Basildon and Billericay
tabling member printed	Mr John Baron
uin	180109
answer	answer is ministerial correction date of answer 22/10/2018 answer text <p>NHS Resolution handles clinical negligence claims on behalf of National Health Service organisations and independent sector providers of NHS care in England.</p><p> </p><p>NHS Resolution has provided the following information.</p><p> </p><p>NHS Resolution has advised it does not pay damages unless on the balance of probabilities there is both a breach of duty and causation. NHS Resolution’s last audited period of accounts which is contained in its Annual Report for 2017-18 showed that it had 3,902 cases where damages have been paid on litigated claims settled in the financial year 2017-18.</p> answering member constituency North East Cambridgeshire answering member printed Stephen Barclay question first answered 22/10/2018 16:35:49 answering member 4095 label Biography information for Steve Barclay
tabling member	1390 label Biography information for Mr John Baron

988857

registered interest
date	16/10/2018
answering body	Department of Health and Social Care
answering dept id	17
answering dept short name	Health and Social Care
answering dept sort name	Health and Social Care
hansard heading	NHS: Negligence
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Health and Social Care, what assessment he has made of the accuracy of assessments of liability by the NHS in advance of the commencement of legal proceedings in the last three years.
tabling member constituency	Basildon and Billericay
tabling member printed	Mr John Baron
uin	180110
answer	answer is ministerial correction date of answer 22/10/2018 answer text <p>NHS Resolution handles clinical negligence claims on behalf of National Health Service organisations and independent sector providers of NHS care in England.</p><p> </p><p>The Department oversees the performance of NHS Resolution in relation to claims management through its sponsorship arrangements which include a Framework Document and quarterly accountability meetings with reporting against a range of Key Performance Indicators. In addition, the National Audit Office has conducted a Value for Money assessment of the costs of clinical negligence, including examining the role and activities of NHS Resolution in detail. No concerns have been raised to NHS Resolution in relation to its decision making through either process.</p><p> </p><p>NHS Resolution has advised that 70% of cases were resolved in 2017/18 without court proceedings of which 39% resulted in no payment of damages. Less than 1% go to trial with most ending in judgment in favour of the NHS. All its cases are thoroughly reviewed and in the great majority of clinical negligence cases, NHS Resolution obtains independent expert evidence before reaching a decision on liability.</p> answering member constituency North East Cambridgeshire answering member printed Stephen Barclay grouped question UIN 180108 question first answered 22/10/2018 16:33:47 answering member 4095 label Biography information for Steve Barclay
tabling member	1390 label Biography information for Mr John Baron