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1537301

registered interest
date	31/10/2022
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	2
legislature	25277 pref label House of Lords
question text	To ask His Majesty's Government, further to the Written Answer by Baroness Bloomfield of Hinton Waldrist on 26 September (HL2123), how many of the 30 clinical negligence claims taken to trial in 2021/22 went to (1) the High Court, or (2) the County Courts.
tabling member printed	Lord Hunt of Kings Heath
uin	HL3056
answer	answer is ministerial correction date of answer 09/11/2022 answer text <p>Following our previous response, NHS Resolution has reviewed the 30 cases taken to trial. It has subsequently identified that one claim was incorrectly classified as having been taken to trial. NHS Resolution has confirmed that of the 29 clinical negligence claims taken to trial in 2021/22, nine were heard in the higher courts, including the High Court and 20 in the county courts.</p> answering member printed Lord Markham question first answered 09/11/2022 12:04:12 answering member 4948 label Biography information for Lord Markham
tabling member	2024 label Biography information for Lord Hunt of Kings Heath

1522057

registered interest
date	13/10/2022
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	2
legislature	25277 pref label House of Lords
question text	To ask His Majesty's Government how many clinical negligence cases brought against the NHS in England were funded by (1) a conditional fee agreement, (2) legal aid, or (3) by some other form of funding, in each of the last five years for which figures are available.
tabling member printed	Lord Hunt of Kings Heath
uin	HL2597
answer	answer is ministerial correction date of answer 27/10/2022 answer text <p>The following table shows the number of cases notified through NHS Resolution’s clinical negligence indemnity schemes in each year since 2017/18, by funding arrangement. This excludes cases under the Existing Liabilities Scheme for General Practice, which addresses inherited liabilities.</p><p> </p><table><tbody><tr><td><p>Funding arrangement</p></td><td><p>2017/18</p></td><td><p>2018/19</p></td><td><p>2019/20</p></td><td><p>2020/21</p></td><td><p>2021/22</p></td></tr><tr><td><p>Conditional fee agreement</p></td><td><p>8,444</p></td><td><p>8,303</p></td><td><p>8,409</p></td><td><p>8,262</p></td><td><p>8,172</p></td></tr><tr><td><p>Legal Aid</p></td><td><p>157</p></td><td><p>148</p></td><td><p>105</p></td><td><p>100</p></td><td><p>58</p></td></tr><tr><td><p>Other funding</p></td><td><p>2,067</p></td><td><p>2,221</p></td><td><p>3,163</p></td><td><p>3,427</p></td><td><p>3,556</p></td></tr><tr><td><p>Total</p></td><td><p>10,668</p></td><td><p>10,672</p></td><td><p>11,677</p></td><td><p>11,789</p></td><td><p>11,786</p></td></tr></tbody></table><p><strong> </strong></p> answering member printed Lord Markham question first answered 27/10/2022 11:11:08 answering member 4948 label Biography information for Lord Markham
tabling member	2024 label Biography information for Lord Hunt of Kings Heath

1504725

registered interest
date	05/09/2022
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	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government, with reference to figure 8 in the NHS Resolution annual report and accounts 2021/22, whether they will specify the number of clinical negligence claims settled in the year 2021/22.
tabling member printed	Lord Hunt of Kings Heath
uin	HL2123
answer	answer is ministerial correction date of answer 26/09/2022 answer text <p>The following table shows the number of clinical negligence claims settled in 2021/22, whether damages were paid and the status of the proceedings of these claims.</p><table><tbody><tr><td><p><strong> </strong></p></td><td><p>No proceedings</p></td><td><p>Proceedings with no trial</p></td><td><p>Trial</p></td></tr><tr><td><p>Damages paid</p></td><td><p>4,555 claims</p></td><td><p>2,207 claims</p></td><td><p>11 claims</p></td></tr><tr><td><p>Nil damages</p></td><td><p>5,539 claims</p></td><td><p>739 Claims</p></td><td><p>19 claims</p></td></tr></tbody></table><p> </p><p>Source: NHS Resolution</p><p>Notes:</p><ol><li>The percentage figures in the table may not add to exactly 100% due to rounding.</li><li>NHS Resolution has identified that the text accompanying figure 8 of the Annual Reports and Accounts refers to the percentage of clinical negligence claims that have resolved without damages in 2021/22 as 48.5%. The correct figure is 48.2%. NHS Resolution is arranging for an update to the amendments section of its annual report and accounts.</li></ol> answering member printed Baroness Bloomfield of Hinton Waldrist question first answered 26/09/2022 13:25:02 answering member 4582 label Biography information for Baroness Bloomfield of Hinton Waldrist
tabling member	2024 label Biography information for Lord Hunt of Kings Heath

1355109

registered interest
date	13/09/2021
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	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government, further to the Written Answer by Lord Bethell on 29 July (HL2215), how many of the 34 clinical negligence claims taken to trial in 2020/21 went to (1) the High Court, or (2) the County Courts.
tabling member printed	Lord Hunt of Kings Heath
uin	HL2652
answer	answer is ministerial correction date of answer 12/10/2021 answer text <p>NHS Resolution has advised that of the 34 clinical negligence claims taken to trial in 2020/21, 12 went to higher courts, including the High Court and 22 went to County Courts.</p> answering member printed Lord Kamall question first answered 12/10/2021 13:10:23 answering member 4909 label Biography information for Lord Kamall
tabling member	2024 label Biography information for Lord Hunt of Kings Heath

1348891

registered interest
date	20/07/2021
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	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government whether they will provide the information set out in figure 16 on page 55 of the NHS Resolution annual report and accounts 2020/21 in respect of clinical negligence cases only for the year 2020/21.
tabling member printed	Lord Hunt of Kings Heath
uin	HL2215
answer	answer is ministerial correction date of answer 29/07/2021 answer text <p>The information requested is shown in the following table.</p><table><tbody><tr><td><p>Settlement type</p></td><td><p>Total number of clinical negligence claims</p></td><td><p>Number of claims settled with damages</p></td><td><p>Number of claims settled with No damages</p></td><td><p>Percentage of all claims settled, with damages</p></td><td><p>Percentage of all claims settled, no damages</p></td></tr><tr><td><p>No proceedings</p></td><td><p>8,941</p></td><td><p>4,568</p></td><td><p>4,373</p></td><td><p>37.94%</p></td><td><p>36.32%</p></td></tr><tr><td><p>Proceedings</p></td><td><p>3,066</p></td><td><p>2,478</p></td><td><p>588</p></td><td><p>20.58%</p></td><td><p>4.88%</p></td></tr><tr><td><p>Trial</p></td><td><p>34</p></td><td><p>10</p></td><td><p>24</p></td><td><p>0.08%</p></td><td><p>0.2%</p></td></tr></tbody></table> answering member printed Lord Bethell question first answered 29/07/2021 15:41:29 answering member 4708 label Biography information for Lord Bethell
tabling member	2024 label Biography information for Lord Hunt of Kings Heath

1309997

registered interest
date	19/04/2021
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	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government how many clinical negligence cases brought against the NHS in England were funded by (1) a conditional fee agreement, (2) legal aid, or (3) by some other form of funding, in each of the last five years for which figures are available; and how many cases in each of these categories resulted in a compensation payment.
tabling member printed	Lord Hunt of Kings Heath
uin	HL15043
answer	answer is ministerial correction date of answer 28/04/2021 answer text <p>The following table shows the number of cases notified in each of the previous five years under NHS Resolution’s clinical negligence indemnity schemes. This data excludes those cases falling under the Existing Liabilities Scheme for General Practice as this scheme mainly covers inherited liabilities.</p><table><tbody><tr><td><p> </p></td><td><p>2015/16</p></td><td><p>2016/17</p></td><td><p>2017/18</p></td><td><p>2018/19</p></td><td><p>2019/20</p></td></tr><tr><td><p>Conditional fee agreement</p></td><td><p>8,283</p></td><td><p>8,389</p></td><td><p>8,444</p></td><td><p>8,303</p></td><td><p>8,760</p></td></tr><tr><td><p>Legal Aid</p></td><td><p>305</p></td><td><p>234</p></td><td><p>157</p></td><td><p>148</p></td><td><p>118</p></td></tr><tr><td><p>Other funding</p></td><td><p>2,377</p></td><td><p>2,063</p></td><td><p>2,067</p></td><td><p>2,221</p></td><td><p>2,750</p></td></tr></tbody></table><p> </p><p>Information on the number of cases in each category which then lead to a compensation payment is not held in the format requested and could only be obtained at disproportionate cost.</p> answering member printed Lord Bethell question first answered 28/04/2021 16:54:30 answering member 4708 label Biography information for Lord Bethell
tabling member	2024 label Biography information for Lord Hunt of Kings Heath

1279867

registered interest
date	25/01/2021
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	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government, further to the Written Answer by Lord Bethell on 6 August 2020 (HL7091), what assessment they have made regarding the payment of clinical negligence damages in 2019/20 with regard to (1) the value for money, and (2) the quality, of the legal representation used by the NHS.
tabling member printed	Lord Hunt of Kings Heath
uin	HL12504
answer	answer is ministerial correction date of answer 09/02/2021 answer text <p>NHS Resolution has continued to increase the use of mediation and alternative dispute resolution to avoid the need for formal proceedings. NHS Resolution settles a majority of claims without court proceedings - in 2019/20, this was 75.1%. Less than 1% of all claims proceed to trial and NHS Resolution achieves a judgement in favour of the National Health Service in 75.3% of that subset of claims. NHS Resolution also negotiates large-scale contracts for its legal services, including fixed and capped fee arrangements, competitive hourly rates and performance management, ensuring value for money and a high quality service.</p> answering member printed Lord Bethell question first answered 09/02/2021 15:04:43 answering member 4708 label Biography information for Lord Bethell
tabling member	2024 label Biography information for Lord Hunt of Kings Heath

1274615

registered interest
date	07/01/2021
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	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government, further to the Written Answers by Lord Bethell on 25 February 2020 (HL793) and 17 December 2020 (HL11131) and the payment of damages in the majority of litigated clinical negligence claims, what assessment they have made of (1) the value for money, and (2) the quality, of the legal representation used by the NHS in such claims.
tabling member printed	Lord Hunt of Kings Heath
uin	HL11878
answer	answer is ministerial correction date of answer 21/01/2021 answer text <p>NHS Resolution negotiates large-scale contracts for legal services, using its position as a bulk purchaser to obtain the best expertise, including some of the recognised leaders in their field. The contracts include fixed and capped fee arrangements and competitive hourly rates, ensuring value for money. NHS Resolution manages their legal panel through service level agreements, which ensures a high quality of service is provided to the National Health Service. Most claims are settled without court proceedings or going to trial. Less than 1% of claims proceed to trial and in the majority of those claims, 75.3%, NHS Resolution successfully achieves a judgement in favour of the NHS.</p> answering member printed Lord Bethell question first answered 21/01/2021 11:45:40 answering member 4708 label Biography information for Lord Bethell
tabling member	2024 label Biography information for Lord Hunt of Kings Heath

1258590

registered interest
date	07/12/2020
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	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government what plans they have to introduce (1) fixed, and (2) capped, costs for defendant lawyers in clinical negligence cases up to £25,000 to deter any so-called 'delay, deny, defend' conduct.
tabling member printed	Lord Hunt of Kings Heath
uin	HL11131
answer	answer is ministerial correction date of answer 17/12/2020 answer text <p>NHS Resolution negotiates large-scale contracts for defendant legal services, using its position as a bulk purchaser to obtain the best expertise, including support for NHS Resolution’s work to learn from claims to improve safety, at value for money for the National Health Service. The contracts include fixed and capped fee arrangements and competitive hourly rates.</p><p>In response to increases in claimant legal costs and their tendency in low-value claims to be disproportionally high relative to damages awarded, we will consult shortly on a new claims-handling process and fixed costs for clinical negligence claims of up to £25,000 drawing on the Civil Justice Council’s recommendations published in October 2019.</p> answering member printed Lord Bethell question first answered 17/12/2020 16:56:11 answering member 4708 label Biography information for Lord Bethell
tabling member	2024 label Biography information for Lord Hunt of Kings Heath

1227120

registered interest
date	21/07/2020
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	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government whether they can provide the information set out in figure 5 on page 50 of the NHS Resolution annual report and accounts 2019/20, published on 16 July, in respect of clinical negligence cases only.
tabling member printed	Lord Hunt of Kings Heath
uin	HL7091
answer	answer is ministerial correction date of answer 06/08/2020 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>NHS Resolution has provided information on the number of clinical negligence claims settled in 2018/19 and 2019/20 with or without damages, which is attached due to the size of the data.</p> answering member printed Lord Bethell question first answered 06/08/2020 15:34:35 answering member 4708 label Biography information for Lord Bethell attachment 1 file name FORMATTED HL7091 table.docx title Clinical negligence claims data 2018-2020
tabling member	2024 label Biography information for Lord Hunt of Kings Heath