NHS: Negligence

(asked on 8th January 2019) - View Source

Question to the Department of Health and Social Care:

To ask Her Majesty's Government, further to the Written Answer by Baroness Manzoor on 7 January (HL12528), how they format clinical negligence claims.


Answered by
Baroness Manzoor Portrait
Baroness Manzoor
This question was answered on 22nd January 2019

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

NHS Resolution formats its clinical negligence claims using a coding system.

NHS Resolution has advised that it codes claims under its management to identify whether formal court proceedings have commenced. However, the reasons for this can be multiple and complex, i.e. a dispute on breach of duty, causation, the amount due to be paid in compensation, the imminent expiry of the limitation period, a combination of all four, or alternatively, the need for court approval of a settlement. Given this, and the fact that the claimant’s reasons for commencing court proceedings may not be shared with NHS Resolution, the reasons for commencement are not coded separately.

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