Question to the Department of Health and Social Care:
To ask the Secretary of State for Health, what the number and value was of clinical negligence payments made by the NHS as a result of negligence committed by private healthcare providers in the latest period for which figures are available.
The number and value of clinical negligence payments made by the NHS Litigation Authority (NHS LA) as a result of negligence incurred by independent sector providers that are members of one of the NHS LA schemes, up to the 31 March 2014 is detailed in the following table:
Number of Claims with Payments | Damages Paid | Defence Costs Paid | Claimant Costs Paid | Total Paid | |
Private Sector | 5 | 0 | 5,045 | 0 | 5,045 |
NHS Member | 526 | 18,545,522 | 2,651,908 | 9,573,576 | 30,771,005 |
Department of Health | 188 | 10,783,424 | 1,073,613 | 3,673,581 | 15,530,617 |
Total | 719 | 29,328,945 | 3,730,565 | 13,247,157 | 46,306,667 |
Independent sector providers of NHS services have only been eligible to join the NHS LA’s clinical negligence scheme for trusts since April 2013. The likelihood of a claim being incurred, reported and settled in the same financial year is very low, hence the low values in the table, but private sectors members now contribute directly to the scheme for their own liabilities.
In April 2013 arrangements were put in place so that sub-contractors would be covered by the NHS member of the scheme. This was to make the system less complex.
Since April 2013, claims arising from the activities of independent sector providers have historically been funded by the NHS member organisations that have contracted with them.
An element of these claims has been inherited and funded by the Department as a result of the abolition of primary care trusts and strategic health authorities on 1 April 2013.