NHS: Negligence

(asked on 18th April 2019) - View Source

Question to the Department of Health and Social Care:

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.


Answered by
Seema Kennedy Portrait
Seema Kennedy
This question was answered on 25th April 2019

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.

The question has been interpreted as relating to non-clinical negligence claims.

NHS Resolution manages three non-clinical negligence schemes under the heading of the Risk Pooling Schemes for Trusts:

- Property Expenses Schemes which covers ‘first party’ losses such as property damage and theft, for incidents on or after 1 April 1999; and

- the Liabilities to Third Parties Scheme which covers non-clinical claims such as public and employers’ liability.

In addition, NHS Resolution manages one other non-clinical scheme:

- 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.

The following table shows the number of claims received each year in relation to problems with equipment.

Year incident was raised

Number of claims received

2012/13

4,566

2013/14

4,367

2014/15

3,760

2015/16

2,726

2016/17

1,725

2017/18

590

2018/19

98

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.

Financial year

Amounts paid out for claims relating to problems with equipment

2012/13

£8,204,771

2013/14

£7,014,972

2014/15

£8,726,029

2015/16

£7,936,048

2016/17

£8,436,601

2017/18

£7,895,749

2018/19

£9,154,852

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.

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