Question to the Department of Health and Social Care:

To ask Her Majesty's Government, further to the Written Answer by Lord O'Shaughnessy on 5 November (HL10962), whether the figures for the total government spend on clinical negligence in 2016–17 and 2018–19 include legal costs.

NHS Resolution handles clinical negligence claims on behalf of National Health Service organisations and independent sector providers of NHS care in England.

As stated in my answer of 5 November, the total Government spend on clinical negligence was £1.7 billion in the financial year 2016-17 and £2.2 billion in the financial year 2017-18. These figures did include legal costs and NHS Resolution has provided the following information about legal costs in these two financial years.

Legal costs for 2016-17 were:

- Claimant costs: £498 million

- Defence costs: £126 million

Legal costs for 2017-18 were:

- Claimant costs: £467 million

- Defence costs: £129 million

Note:

Claimant costs are legal costs incurred by the claimant in bringing a claim for compensation.

Defence costs are legal costs incurred by NHS Resolution in dealing with the claim received.