NHS: Negligence

(asked on 9th January 2020) - View Source

Question to the Department of Health and Social Care:

To ask Her Majesty's Government how many clinical negligence claims involving the NHS were litigated because of issues in dispute involving breach of duty or causation in the last year for which figures are available.


This question was answered on 22nd January 2020

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

NHS Resolution is unable to provide the data requested as they do not capture the specific reason for litigation broken down into the categories referred to.

In view of the nature of litigation, disputes can arise concerning breach of duty, causation and quantum, or a mixture of all of them. The NHS Resolution five-year strategy, published in 2017, references its aim to prevent claims entering litigation unnecessarily. In certain circumstances litigation is unavoidable, for example where a child is involved and the court is required to approve a damages award or if the statutory limitation period has expired for the commencement of legal proceedings.

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