Claims for fail to warn – informed consent (FOI_7745)

Freedom of information request details

FOI request date:

Service: Claims Management Cause: Fail To Warn-Informed Consent

The following information was requested:

I am writing to request information under the Freedom of Information Act 2000.

Please provide the following information for the period 1 January 2020 to the date of your response.

This request relates to clinical negligence claims handled by NHS Resolution for NHS-funded care in England.

For the purposes of this request, “consent-related claims” means claims where the allegation is coded using NHS Resolution’s structured coding as: “Fail to warn – informed consent” (or the closest equivalent allegation/cause code used by NHS Resolution)

1) Trust-level cumulative totals (2020 to date)
Please provide a table showing, for each Acute NHS Trust in England:
number of claims notified since 1 January 2020 with the above allegation/cause code
-number of claims settled with damages paid since 1 January 2020 with the above allegation/cause code
-total damages paid (£) since 1 January 2020 for settled claims with the above allegation/cause code

If NHS Resolution also holds these fields in the same reportable format, please include:
-total claimant legal costs paid (£)
-total defence legal costs paid (£)
-total combined payout (£)

2) National total (for validation)
Please also provide the national totals for the same period (claim counts and damages paid), so the trust-level data can be validated.
3) Independent sector providers (where held)
Where NHS Resolution holds comparable data for independent sector providers delivering NHS-funded care (and covered by NHS Resolution schemes), please provide a separate table showing:
-provider name
-number of claims notified since 1 January 2020 with the above allegation/cause code
-number of claims settled with damages paid since 1 January 2020
total damages paid (£) since 1 January 2020

If provider-level disclosure exceeds the cost limit, please provide an aggregated total for independent sector providers.

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