NHS: Negligence
(asked on 9th September 2014) - View Source
Question to the Department of Health and Social Care:
To ask the Secretary of State for Health, how much the NHS has paid out for wrongful birth claims in each year between 2003 and 2013; how many successful claims for wrongful birth were made in each year between 2008 and 2012.
The following table shows the number of successful claims for wrongful birth made in each year between 2003 and 2013, and how much the National Health Service has paid out to date for those claims:
NHS Litigation Authority (NHS LA) notification year | Number of Claims | Damages Paid (£) | Defence Costs Paid (£) | Claimant Costs Paid (£) | Total Paid
(£) |
2013-14 | 16 | 13,000 | 55,109 | 0 | 68,109 |
2012-13 | 20 | 624,335 | 222,348 | 268,900 | 1,115,583 |
2011-12 | 11 | 5,460,470 | 473,481 | 475,000 | 6,408,951 |
2010-11 | 21 | 7,537,000 | 428,718 | 1,214,400 | 9,180,118 |
2009-10 | 12 | 4,240,211 | 197,724 | 346,600 | 4,784,535 |
2008-09 | 19 | 4,563,663 | 538,787 | 2,012,112 | 7,114,562 |
2007-08 | 16 | 15,572,500 | 615,220 | 1,936,385 | 18,124,105 |
2006-07 | 10 | 2,326,500 | 188,381 | 477,699 | 2,992,580 |
2005-06 | 11 | 6,886,680 | 608,207 | 1,182,508 | 8,677,396 |
2004-05 | 11 | 11,446,226 | 585,664 | 1,407,305 | 13,439,194 |
2003-04 | 17 | 19,046,063 | 976,620 | 3,280,661 | 23,303,344 |
Total | 164 | 77,716,648 | 4,890,259 | 12,601,570 | 95,208,477 |
A further 83 unsuccessful claims were brought during this period, the following table shows how much the NHS LA spent on defence costs in each year:
NHS LA Notification Year | Closed with nil damages | ||||
Number of Claims | Damages Paid (£) | Defence Costs Paid (£) | Claimant Costs Paid (£) | Total Paid
(£) | |
2013-14 | 8 | 0 | 8,870 | 0 | 8,870 |
2012-13 | 10 | 0 | 57,836 | 0 | 57,836 |
2011-12 | 6 | 0 | 18,946 | 0 | 18,946 |
2010-11 | 9 | 0 | 69,630 | 0 | 69,630 |
2009-10 | 3 | 0 | 9,765 | 0 | 9,765 |
2008-09 | 11 | 0 | 32,061 | 6 | 32,067 |
2007-08 | 5 | 0 | 50,415 | 0 | 50,415 |
2006-07 | 7 | 0 | 60,314 | 0 | 60,314 |
2005-06 | 3 | 0 | 0 | 0 | 0 |
2004-05 | 11 | 0 | 51,727 | 0 | 51,727 |
2003-04 | 10 | 0 | 99,996 | 0 | 99,996 |
Total | 83 | 0 | 459,560 | 6 | 459,565 |
Of the 164 successful claims, 60 cases remain open (i.e. the NHS LA has not resolved all aspects of the claim, e.g. they have agreed damages but not yet paid them or they have paid some or all of the damages but not yet agreed claimants costs). The 104 closed claims have been analysed to produce the following table of neonatal conditions/ other reasons why the claims were brought:
Neonatal conditions/other causes of claim | Number of Claims |
Anaemia | 1 |
Cerebral Palsy | 3 |
Chromosome 9 deformity | 1 |
Congenital abnormalities | 24 |
Connective tissue disease | 1 |
Cystic fibrosis | 4 |
Downs Syndrome | 8 |
Failed contraceptive implant/procedure - Healthy baby | 8 |
Failed sterilisation - Healthy baby | 24 |
Failed sterilisation - kidney damage | 1 |
Failed sterilisation - potential learning difficulties | 1 |
Failed sterilisation - termination undertaken | 1 |
Failed termination - brain injury | 1 |
Failed termination - healthy baby | 6 |
Failure to diagnose pregnancy - healthy baby | 1 |
Heart defect | 1 |
HIV | 1 |
Inaccurate fertility advice - healthy baby | 1 |
Inherited blood disorder - Beta thalassaemia | 1 |
Muscular skeletal abnormalities | 1 |
Ornithine trans carboxylase (OTC) deficiency | 2 |
Safeguarding failure (vulnerable mother) – child has behavioural problems | 1 |
Safeguarding failure (vulnerable mother) - healthy child | 1 |
Sickle Cell Trait | 3 |
Spina bifida | 3 |
Unwanted extra uterine pregnancy. Maternal injury. No evidence of neonatal conditions | 1 |
Unwanted pregnancy - No evidence of neonatal conditions | 2 |
Wolf Hirschhon Syndrome | 1 |
Total | 104 |