Question to the Department of Health and Social Care:
To ask Her Majesty's Government, in each of the past five years, what was the percentage of clinical negligence cases resolved after the issue of court proceedings (1) with damages paid, and (2) without damages paid; and in respect of each year, what were the legal costs paid in relation to those cases when damages were paid.
NHS Resolution handles clinical negligence claims on behalf of National Health Service organisations and independent sector providers of NHS care in England.
NHS Resolution has provided the following information.
The percentage of litigated clinical claims closed 2012/13 to 2016/17 with and without damages paid as at the end of each respective closure year is shown in the following table.
Year of Closure | % with Damages Paid | % without Damages Paid |
2012/13 | 74% | 26% |
2013/14 | 75% | 25% |
2014/15 | 75% | 25% |
2015/16 | 76% | 24% |
2016/17 | 76% | 24% |
Legal costs paid on litigated clinical claims closed 2012/13 to 2016/17 where damages were paid as at the end of each respective closure year are shown in the following table.
Year of Closure | Defence Costs Paid | Claimant Costs Paid |
2012/13 | £39,958,409 | £142,111,666 |
2013/14 | £42,141,514 | £166,670,016 |
2014/15 | £41,410,527 | £179,193,141 |
2015/16 | £45,500,109 | £213,136,292 |
2016/17 | £62,811,970 | £280,120,077 |
The number and percentage of all clinical claims closed 2012/13 to 2016/17 in the cases where damages were paid as at the end of each respective closure year is shown in the following table.
Year of Closure | With Damages Paid | |
Number | % | |
2012/13 | 5,510 | 60% |
2013/14 | 5,579 | 55% |
2014/15 | 5,776 | 54% |
2015/16 | 5,795 | 54% |
2016/17 | 6,975 | 57% |
The costs paid on clinical claims closed 2012/13 to 2016/17 in cases where damages were paid as at the end of each respective closure year are shown in the following table.
Year of Closure | Pre Litigated | Litigated | ||
Defence Costs Paid | Claimant Costs Paid | Defence Costs Paid | Claimant Costs Paid | |
2012/13 | £9,562,764 | £63,510,321 | £39,958,409 | £142,111,666 |
2013/14 | £9,408,578 | £67,365,330 | £42,141,514 | £166,670,016 |
2014/15 | £9,061,139 | £70,358,696 | £41,410,527 | £179,193,141 |
2015/16 | £8,697,218 | £65,710,680 | £45,500,109 | £213,136,292 |
2016/17 | £11,670,238 | £74,449,903 | £62,811,970 | £280,120,077 |
Cases resolved following court proceedings include those where the issue of proceedings has been required in order to obtain court approval of the settlement, such as children or those who are under a legal disability such as a brain injury.
The figures provided do not include claims brought against general practitioners, who are covered by separate indemnity arrangements through medical defence organisations and for which data is not centrally available.