Asked by: Lord Kamall (Conservative - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government what assessment they have made of proposals to repeal section 4(2) of the Law Reform (Personal Injuries) Act 1948, and whether they plan to review how courts should take account of NHS-provided care when awarding damages in clinical negligence cases.
Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)
The rising costs of clinical negligence claims against the National Health Service in England are of great concern to the Government. Costs have more than doubled in the last 10 years and are forecast to continue rising, putting further pressure on NHS finances.
As announced in the 10-Year Health Plan for England, David Lock KC is providing expert policy advice on the rising legal costs of clinical negligence and how we can improve patients’ experience of claims. The review is ongoing, following initial advice to ministers and the recent National Audit Office’s (NAO) report, The costs of clinical negligence, which was published on 17 October 2025.
The NAO found that in 2024/25, there was a 3.7 to one ratio of legal costs to damages payable for low-value claims, those of £25,000 or less. The report can be viewed on the NAO’s website.
We welcome the report by the NAO. The results of David Lock’s work will inform future policy making in this area. No decisions on policy have been taken at this point, and the Government will provide an update on the work done and next steps in due course.
Asked by: Lord Kamall (Conservative - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government what consideration they have given to implementing a fixed recoverable costs regime for clinical negligence claims valued up to £25,000, in the light of previous consultations on this proposal; and what assessment they have made of the potential costs to the taxpayer.
Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)
The rising costs of clinical negligence claims against the National Health Service in England are of great concern to the Government. Costs have more than doubled in the last 10 years and are forecast to continue rising, putting further pressure on NHS finances.
As announced in the 10-Year Health Plan for England, David Lock KC is providing expert policy advice on the rising legal costs of clinical negligence and how we can improve patients’ experience of claims. The review is ongoing, following initial advice to ministers and the recent National Audit Office’s (NAO) report, The costs of clinical negligence, which was published on 17 October 2025.
The NAO found that in 2024/25, there was a 3.7 to one ratio of legal costs to damages payable for low-value claims, those of £25,000 or less. The report can be viewed on the NAO’s website.
We welcome the report by the NAO. The results of David Lock’s work will inform future policy making in this area. No decisions on policy have been taken at this point, and the Government will provide an update on the work done and next steps in due course.
Asked by: Lord Kamall (Conservative - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government what assessment they have made of the current cost pressures in clinical negligence claims valued up to £25,000, and what plans they have for further engagement with the Civil Procedure Rule Committee on options to manage these pressures.
Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)
The rising costs of clinical negligence claims against the National Health Service in England are of great concern to the Government. Costs have more than doubled in the last 10 years and are forecast to continue rising, putting further pressure on NHS finances.
As announced in the 10-Year Health Plan for England, David Lock KC is providing expert policy advice on the rising legal costs of clinical negligence and how we can improve patients’ experience of claims. The review is ongoing, following initial advice to ministers and the recent National Audit Office’s (NAO) report, The costs of clinical negligence, which was published on 17 October 2025.
The NAO found that in 2024/25, there was a 3.7 to one ratio of legal costs to damages payable for low-value claims, those of £25,000 or less. The report can be viewed on the NAO’s website.
We welcome the report by the NAO. The results of David Lock’s work will inform future policy making in this area. No decisions on policy have been taken at this point, and the Government will provide an update on the work done and next steps in due course.
Asked by: Baroness Ritchie of Downpatrick (Labour - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government what assessment they have made of the prevalence of alpha-1 antitrypsin deficiency in England.
Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)
Orphanet estimates of the prevalence if alpha-1 antitrypsin deficiency within Western Europe and the United States of America is between one in 1,600 and one in 5,000. No England specific estimates are available.
There have been no discussions specific to alpha-1 antitrypsin deficiency. The administrations of all four nations continue to work collaboratively to improve the lives of people living with genetic and rare conditions under the UK Rare Diseases Framework. The framework has recently been extended until January 2027.
Asked by: Lord Wigley (Plaid Cymru - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government what percentage of radioisotopes used by the NHS in England are imported; and what plans they have to enable radioisotopes to be manufactured in the UK.
Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)
Medical radioisotopes can be produced in different ways, and the United Kingdom has a comprehensive network of cyclotrons used for radioisotope manufacture. These tend to be placed close to point of use due to the short half-life of these products. The radioisotopes manufactured in these cyclotrons are not suitable for all use and hospitals and trusts in England use a significant number of isotopes manufactured in research reactors. There are currently no reactors in the UK that manufacture medical isotopes, and therefore all of these are imported.
The Government has made up to £520 million available through the Life Sciences Innovative Manufacturing Fund to support the UK manufacture of medicine and medical technology products. This includes applications looking to establish, expand, or improve the UK-based manufacture of medical radioisotopes for diagnostic or therapeutic applications.
The Government also recently announced a £54 million funding package for eight innovative research and development projects, including £9.9 million earmarked for Project Alpha to explore how to make medical treatments from legacy nuclear material. Something that could unlock the UK’s potential to develop promising new cancer therapies.
Asked by: Baroness Ritchie of Downpatrick (Labour - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government what discussions they have held with the devolved nations regarding treatments and care for children diagnosed with alpha-1 antitrypsin deficiency.
Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)
Orphanet estimates of the prevalence if alpha-1 antitrypsin deficiency within Western Europe and the United States of America is between one in 1,600 and one in 5,000. No England specific estimates are available.
There have been no discussions specific to alpha-1 antitrypsin deficiency. The administrations of all four nations continue to work collaboratively to improve the lives of people living with genetic and rare conditions under the UK Rare Diseases Framework. The framework has recently been extended until January 2027.
Asked by: Lord Scriven (Liberal Democrat - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government, further to the Written Answer by Baroness Merron on 4 December (HL12450), what specific dataset was used to support the analysis that "highly digitised trusts" have a 17.5 per cent reduction in sepsis mortality; and how many NHS trusts were included in the calculation of that figure.
Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)
The modelling of sepsis mortality used the Hospital Episode Statistics Admitted Patient Care dataset, using the episode level version of this dataset to ensure maximum accuracy in identifying inpatient activity related to sepsis.
The research includes nine National Health Service trusts and foundation trusts in England which implemented an enterprise level electronic patient record (EPR) system, where the EPR system was rolled out throughout the whole provider at the point of implementation. A further eight providers are included in the same model as controls, as these are providers without an EPR system at the time of the analysis.
A digitally mature trust was defined as an acute provider in the top decile of digitisation index based on the Digital Maturity Assessment 2016/17.
Asked by: Lord Scriven (Liberal Democrat - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government, further to the Written Answer by Baroness Merron on 4 December (HL12450), how they have defined a "highly digitised trust".
Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)
The modelling of sepsis mortality used the Hospital Episode Statistics Admitted Patient Care dataset, using the episode level version of this dataset to ensure maximum accuracy in identifying inpatient activity related to sepsis.
The research includes nine National Health Service trusts and foundation trusts in England which implemented an enterprise level electronic patient record (EPR) system, where the EPR system was rolled out throughout the whole provider at the point of implementation. A further eight providers are included in the same model as controls, as these are providers without an EPR system at the time of the analysis.
A digitally mature trust was defined as an acute provider in the top decile of digitisation index based on the Digital Maturity Assessment 2016/17.
Asked by: Baroness Shawcross-Wolfson (Conservative - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government, further to the Written Answer by Baroness Merron on 27 November (HL11874), whether the forthcoming 10 Year Workforce Plan will set out specific forecasts for the number of staff the NHS needs over those 10 years; whether they will publish the assumptions used to produce that plan; and whether the National Audit Office will make an assessment of that plan.
Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)
The 10 Year Workforce Plan will ensure the National Health Service has the right people in the right places, with the right skills to care for patients, when they need it. It will include modelling of the potential size and shape of the future workforce and implications for major professions.
The updated workforce modelling, and its underlying assumptions, will be set out in and alongside the plan when published in spring 2026. It will be supported by external independent scrutiny. A decision on whether the National Audit Office will be asked to make an assessment of the plan has not yet been made.
Asked by: Baroness Ritchie of Downpatrick (Labour - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government what plans they have to update reimbursement and tariff arrangements for ambulatory electrocardiogram monitoring, including introducing distinct tariffs for short-term Holter tests and extended-duration non-invasive monitoring, to support appropriate uptake of newer technologies in line with the 10 Year Health Plan for England.
Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)
Electrocardiogram monitoring or stress testing, including 24-hour ambulatory electrocardiography and extended electrocardiographic recording, are priced as part of Healthcare Resource Group (HRG) EY51Z (Electrocardiogram Monitoring or Stress Testing).
The 2026/27 Payment Scheme, which sets national prices for most HRGs, is currently under consultation. The consultation closes on 16 December, and feedback will be considered on the proposed prices before the final payment scheme is issued.