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27 Jun 2005 : Column 1341W—continued

Cane Hill (Coulsdon)

Richard Ottaway: To ask the Secretary of State for Health what plans she has for the Cane Hill site, Coulsdon. [5764]

Jane Kennedy: The Cane Hill hospital site is included in a portfolio of properties to transfer to English Partnerships (EP) as part of a wider agreement with the Office of the Deputy Prime Minister to support the Government's sustainable communities programme. EP and the national health service will be working together on plans for the overall redevelopment of the site, which will reflect future health service requirements.

Charing Cross Hospital (Private Treatments)

Mr. Khabra: To ask the Secretary of State for Health what assessment she has made of the effects on services for NHS patients of the provision made for the treatment of private patients at Charing Cross hospital. [6136]

Jane Kennedy: Hammersmith Hospitals National Health Service Trust, of which Charing Cross hospital is a part, has been providing treatment to private patients for over 20 years. Income generated from private treatment means more revenue for the trust to improve its facilities and services.

Clinical Negligence

Mr. Lansley: To ask the Secretary of State for Health what the total cost to the NHS has been from successful claims for clinical negligence in each year since 1975 in (a) nominal and (b) real terms. [253]

Jane Kennedy: The NHS Litigation Authority (NHSLA) handles clinical negligence claims made against national health service bodies in England. No accurate national data were collected on clinical negligence claims prior to the establishment of the NHSLA on 20 November 1995. Centrally collected data from the NHSLA are shown in the table.

Reliable data on real costs are not available. It may take a number of years from notification of a claim to settlement of that claim and payments will have been made in relation to that claim throughout the full period. For example, defence costs will be paid quarterly as the claim progresses and the claimant bill will be paid at conclusion.
 
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Total payments for successful closed clinical negligence claims by year of notification to the NHSLA scheme member as at 31 March 2005(22)

Year of notificationTotal payments (£)
1996–97238,614,168
1997–98416,888,183
1998–99330,573,238
1999–2000326,812,451
2000–01193,803,432
2001–02117,742,245
2002–0336,609,841
2003–0410,539,364


(22)The year a claim is notified to the NHSLA has no relevance to the year payments are made with regard to that claim. It may take a number of years from notification of a claim to settlement of that claim and payments will have been made in relation to that claim over the full period.


Mr. Lansley: To ask the Secretary of State for Health how many claims for clinical negligence there have been against the NHS in each year since 1991 (a) in total and (b) per thousand finished consultant episodes; and what percentage of these claims were successful in each year since 1991. [255]

Jane Kennedy: The NHS Litigation Authority (NHSLA) handles clinical negligence claims made against national health service bodies in England. No accurate national data was collected on clinical negligence claims prior to the establishment of the NHSLA on 20 November 1995. Data on clinical negligence claims reported to the NHSLA based upon the date reported to the NHSLA scheme member, as at 31 March 2005, are shown in the table.


Year of notification


Number of claims(23)
Percentage of claims currently successful (percentage)(24)
1996–974,13647.63
1997–986,93252.37
1998–996,91642.29
1999–20007,03640.22
2000–016,91535.84
2001–027,21530.91
2002–036,25723.03
2003–044,84416.02


(23)It is not possible to provide the number of claims per thousand finished consultant episodes. The date a claim is made has no relevance to the date the incident giving rise to a claim occurred; this may be many years before. To link the number of claims reported in a particular year to the number of finished consultant episodes in that year would be open to misinterpretation.
(24)It may take many years from the date of notification to settle a claim. The percentage of claims successful relating to a particular year will therefore increase over time as more claims are settled.


David Howarth: To ask the Secretary of State for Health how much compensation NHS bodies paid in respect of clinical negligence claims in each year since 1996. [1354]

Jane Kennedy [holding answer 6 June 2005]: The NHS Litigation Authority (NHSLA) handles negligence claims made against national health service bodies in England. Data collected by the NHSLA is shown in the table.
 
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Member and NHSLA payments(25)
£

Damages paid
Scheme1996–971997–981998–991999–20002000–012001–022002–032003–04
Clinical negligence scheme for trusts (CNST)(26)33,983560,5034,007,6099,862,48619,433,590244,825,189107,204,725205,443,691
Existing liability scheme (ELS)(27)400,00028,445,12146,530,738277,809,505559,201,647447,350,269225,478,73990,106,254
Former regional health authority (FRHA)(28)639,64714,914,3109,588,4676,214,1265,927,2893,587,7222,495,6051,261,673
Total1,073,63043,919,93460,126,814293,886,117584,562,526695,763,180335,179,068296,811,618


(25)Until 1 April 2000, excess levels were in place for ELS and until 1 April 2002, excess levels were in place for CNST. NHS trusts could settle claims up to the excess amount without reference to or funding from the NHSLA. The figures include sub-excess claims where these were notified to the NHSLA.
(26)CNST claims are those in respect of liabilities occurring on or after 1 April 1995.
(27)ELS claims are those open at 1 April 1996, where the incident pre-dates 1 April 1995.
(28)FRHA claims are pre-April 1996 and are cases against the former RHAs, fully funded by the NHSLA.


David Howarth: To ask the Secretary of State for Health how much NHS trusts paid in respect of legal fees in clinical negligence cases in each year since 1996. [1355]


 
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Jane Kennedy [holding answer 6 June 2005]: The NHS Litigation Authority (NHSLA) handles negligence claims made against national health service bodies in England. Data collected by the NHSLA are shown in the tables.
Member and NHSLA payments(29)
£

Defence costs paid(30)
Scheme1996–971997–981998–991999–20002000–012001–022002–032003–04
Clinical negligence scheme for trusts (CNST)(31)11,49141,854356,0861,885,5555,326,42756,685,96527,096,39137,089,942
Existing Liability scheme (ELS)(32)4,7663,324,0228,789,60250,977,55145,764,91654,392,27920,879,17814,999,981
Former regional health authority (FRHA)(33)02,946,0021,894,284721,005627,081585,943275,377223,225
Total16,2586,311,87711,039,97353,584,11151,718,423111,664,18648,250,94652,313,148

£

Claimant costs paid(30)
Scheme1996–971997–981998–991999–20002000–012001–022002–032003–04
CNST(31)7,57253,374464,800609,3363,399,65335,837,65528,552,20549,643,945
ELS(32)32,8499,666,65621,994,95766,925,50866,538,96061,357,27932,609,85520,967,172
FRHA(33)02,593,1582,748,4321,507,462768,8371,246,830578,499293,793
Total40,42112,313,18825,208,18969,042,30670,707,45098,441,76561,740,55970,904,911


(29)Until 1 April, 2000 excess levels were in place for ELS and until 1 April 2002, excess levels were in place for CNST. NHS trusts could settle claims up to the excess amount without reference or funding from the NHSLA. The figures include sub-excess claims where these were notified to the NHSLA.
(30)Defence costs are accrued quarterly as claims progress whereas claimant bills are paid at conclusion. Therefore, the levels incurred for defence and claimant costs each year are not directly comparable.
(31)CNST claims are those in respect of liabilities occurring on or after 1 April 1995.
(32)ELS claims are those open at 1 April 1996, where the incident pre-dates 1 April 1995.
(33)FRHA claims are pre-April 1996 and are cases against the former RHAs, fully funded by the NHSLA.



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