Freedom of information request details
FOI request date:
The following information was requested:
This request concerns clinical negligence claims held on your Claims Management System that
involve an allegation of failure to warn / informed consent (cause code “Failure/Fail to Warn –
Informed Consent”), in respect of University Hospitals Sussex NHS Foundation Trust (RYR)
and the predecessor organisations now consolidated within it: Western Sussex Hospitals NHS
Foundation Trust (RYR) and Brighton and Sussex University Hospitals NHS Trust (RXH).
Please include claims recorded under the predecessor organisation codes where the incident
pre-dates the 1 April 2021 merger, so that the trust’s full inherited exposure is captured.
For each financial year from 2015/16 to the most recent complete year, reported by the date
each claim was notified to NHS Resolution (please confirm which date field you have used), I
would be grateful for the following.
Please report two populations separately:
A. claims where informed consent is recorded as the principal (primary) cause; and
B. claims where informed consent is recorded in any position (principal, secondary or
contributory).
Within each population, split by claim status (open / closed), please provide:
1. the number of claims;
2. total damages paid to date;
3. total claimant legal costs paid;
4. total defendant legal costs paid;
5. for open claims, the current total estimated value (payments to date plus outstanding gross
reserve).
If readily available within the appropriate cost limit, I would also welcome (6) a breakdown by
clinical specialty and (7) an indication of whether each claim related to elective or emergency
treatment. I recognise these last two may not be reliably coded; please treat them as severable
and answer the remainder if they would cause difficulty.
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