NHS: Negligence

(asked on 8th March 2021) - View Source

Question to the Department of Health and Social Care:

To ask Her Majesty's Government, further to the Written Answer by Lord Bethell on 6 August 2020 (HL7091), in how many of the 2,712 litigated clinical claims in 2019/20 for which damages were paid was (1) liability, or (2) causation, at issue.


Answered by
Lord Bethell Portrait
Lord Bethell
This question was answered on 19th March 2021

The information NHS Resolution holds on individual clinical negligence claims does not identify or distinguish between liability and causation. Reasons for litigation are varied and include some cases where only liability is in issue, cases where only quantum, or the level of damages, is in issue and a cohort of cases where both are in issue.

In some cases, litigation is needed to reach resolution but neither liability or quantum are in dispute. Most notably, court approval is required for settlements where the injured individual lacks capacity or is a minor. Litigation may also be needed to reach a determination on a point of law or to pursue a contribution towards compensation from another party.

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