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Medical Negligence

Mr. Nicholas Winterton : To ask the Secretary of State for Health if he will make a statement providing the details of the changes which come into force on 1 January 1991 affecting the claims made against health authorities for medical negligence.

Mr. Dorrell : With effect from 1 January 1990, health authorities assumed direct responsibility, previously taken by the medical defence organisations, for claims of negligence against their medical and dental staff in the course of their national health service employment. A copy

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of HC(89)34, "Claims of medical negligence against NHS hospital and community doctors and dentists", has been placed in the Library. No changes come into force on 1 January 1991.

Mr. Nicholas Winterton : To ask the Secretary of State for Health (1) what was the total number of claims for medical negligence met by each region and district of the NHS in each of last 10 years for which figures are available ;

(2) what was the total number of claims for medical negligence lodged against each region and district of the NHS in each of the last 10 years for which figures are available ;

(3) what has been the total amount of claims for medical negligence met by each region and district of the NHS in each of the last 10 years for which figures are available.

Mr. Dorrell : Until 31 December 1989, the medical defence organisations paid the costs and damages arising from claims of negligence against the medical and dental staff of health authorities. Information on the number of claims and on the costs involved is not held centrally.

Mr. Nicholas Winterton : To ask the Secretary of State for Health what information he has concerning the extent to which funds are currently being diverted by health authorities from patient care towards provision for possible future claims for medical negligence.

Mr. Dorrell : We have no information which suggests that funds are being diverted in this way.

Mr. Nicholas Winterton : To ask the Secretary of State for Health (1) if he will make a statement giving details of his estimates of the likely cost of settling those claims made against the NHS for medical negligence in England and Wales which are currently being dealt with ;

(2) what financial assistance he intends to give to the NHS trust hospitals to enable them to meet the potential £500 million outstanding liability for medical negligence suits.

Mr. Dorrell : The medical defence organisations paid out an estimated £40 million in the hospital and community health services in the United Kingdom in 1989. The costs in 1990-91 may be higher than this. National health service trusts will not be responsible for any act of medical negligence occurring before they were established.

Mr. Nicholas Winterton : To ask the Secretary of State for Health (1) what discussions he has had with representatives of those units within the NHS which have opted for trust status about the implications for future funding of outstanding claims for medical negligence ;

(2) if he will make a statement providing the details of the changes which may come into force on 1 April 1991 affecting the way in which claims made against health authorities for medical negligence will be dealt with in those cases where the health authority, or part of the health authority, has been awarded trust status.

Mr. Dorrell : Health authorities will remain responsible after 1 April 1991 for claims of medical negligence made against them before that date. National health service trusts will be responsible only where the negligence or alleged negligence took place after the trust became responsible for the service concerned. A copy of EL(90)195 "Insurance arrangements from April 1991" has been placed in the Library.

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Mr. Nicholas Winterton : To ask the Secretary of State for Health what recent representations he has received concerning future plans for dealing with claims for medical negligence in the NHS.

Mr. Dorrell : The few representations received recently included one from the National Association of Health Authorities and Trusts and one from Hastings health authority.

Mr. Nicholas Winterton : To ask the Secretary of State for Health if he will make a statement giving details of his estimates of the likely cost of settling all currently outstanding claims and potential claims for medical negligence in the NHS.

Mr. Dorrell : No estimate has been made centrally of the likely cost of settling all currently outstanding claims : no estimate can be made of potential claims. The contingent liability is substantially larger than the amount paid out in any one year, since medical negligence cases often take several years to be settled.

Midwives

Mr. Battle : To ask the Secretary of State for Health if he will reconsider the recommendations of the Social Services Committee in its fourth report, 1988-89, on midwives regrading.

Mrs. Virginia Bottomley : The Government gave very careful consideration to the recommendations of the Select Committee and its response was published last year (Cm. 721--June 1989).

Mr. Battle : To ask the Secretary of State for Health if he will make a statement on the Institute of Manpower Studies survey entitled "Midwives Carers and Grading", printed in November.

Mrs. Virginia Bottomley : This study was commissioned by the Royal College of Midwives, which has not sought comments from the Department.

Mr. Battle : To ask the Secretary of State for Health (1) what steps he has taken to satisfy himself that the clinical grading structure has been applied to midwifery posts in a fair and consistent manner ;

(2) what differences there are in the application of the clinical grading structure to staff midwife posts between the four Thames regions and the other regions in England ; and if he will make a statement.

Mrs. Virginia Bottomley : The grading of individual posts is a matter for the employing authorities, who are expected to adhere to the agreed clinical grading definitions. These require posts to be graded in accordance with the particular duties and responsibilities they carry. Variations between authorities in the proportion of posts graded at particular levels may arise, for example, because of different approaches to service organisations.

Guideposts Trust

Mr. Janner : To ask the Secretary of State for Health whether he will provide resources to the Guideposts Trust.

Mr. Dorrell : The Department has received no application for a grant from the trust.

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Community Nursing

Dr. Hampson : To ask the Secretary of State for Health whether he has issued any advice to health authorities on the organisation of community nursing services.

Mrs. Virginia Bottomley : On 10 December I launched the report "Nursing in the Community" at a conference of senior national health service and local authority managers. This report provides practical guidance on the organisation and development of nursing services in the community. It will place nursing services in the community high on health authority management agendas, where they belong. Copies of the report have been sent to regional, district, FHSA and unit general managers, all GP practices, directors of social services, community health councils, the royal colleges and professional organisations. Copies are available in the Library.

Food Safety

Mr. Robert G. Hughes : To ask the Secretary of State for Health if he will publish the names of those invited to serve on the advisory committee and the steering group on the microbiological safety of food.

Mr. Dorrell : My right hon. Friend the Minister of Agriculture, Fisheries and Food and I have decided that the following should be invited to be members of the advisory committee and the steering group on the microbiological safety of food.

Advisory committee

Professor Heather Dick Chairman

Professor of Medical Microbiology

University of Dundee

Dr. R. Gilbert

Director of Food Hygiene Laboratory

Public Health Laboratory Service

Dr. T. Wilson

Senior Consultant Bacteriologist

Belfast City Hospital Laboratory

Dr. N. A. Simmons

Department of Clinical Bacteriology

Guys Hospital

Dr. S. Palmer

Communicable Disease Surveillance Centre

Welsh Unit, Cardiff Royal Infirmary

Professor R. Feldman

Professor of Clinical Epidemiology

London Hospital

Professor D. Georgala

Director

Institute of Food Research

Dr. P. A. Mullen

Veterinary Advisor to

Union International Ltd.

Mr. R. Southgate

Technical Director

Northern Foods Meat Group

Mr. G. Amery

Group General Manager

Technical Group, CWS Ltd.

Dr. G. Spriegel

Director of Scientific Services

Sainsburys

Mr. R. Ackerman

Chairman of

Hotel and Catering Training Company

Dr. M. Stringer

Head of Microbiology

Campden Food and Drink Research Association

Mr. R. Sprenger

Director of Environmental Health

Doncaster

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Dr. C. St. J. Buxton

Director of Public Health

Durham Health Authority

Dame Rachel Waterhouse

Consumers' Association

Mrs. B. Saunders

Freelance Consultant

Steering Group

Dr. Mary Cooke

Deputy Director

Public Health Laboratory Service

Dr. C. Bartlett

Director

Communicable Disease Surveillance Centre

Professor Arbuthnott

Professor of Microbiology

University of Nottingham

Mr. E. Ramsden

Chief Environmental Health Officer

Swansea

Professor I. M. Smith

Professor of Microbiology

Royal Veterinary College

Dr. T. Roberts

Institute of Food Research

Dr. A. Baird-Parker

Unilever Research

Mr. D. Elliott

Senior Production Executive

Marks and Spencers

Mr. M. Vestringhe

Chairman of Catering and Allied

In addition, the group will comprise members from health and agriculture departments.

The advisory committee and the steering group will be holding their first meetings shortly.

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