Freedom of information request details
FOI request date:
The following information was requested and clarified:
I am writing to make a request under the Freedom of Information Act 2000 for information relating to clinical negligence claims in ophthalmology handled by NHS Resolution (formerly the NHS Litigation Authority).
Background and Purpose:
This request seeks to update and extend previous published analyses of ophthalmology litigation in the NHS:
Ali N. (2007) – BMC Ophthalmology: 1995-2006
Mathew et al. (2013) – Ophthalmology: 1995-2009
McMaster & Tucker (2019) – Medico-Legal Journal: 2005/2006-2017/2018
The aim is to conduct a comprehensive analysis of ophthalmology clinical negligence claims covering the period from April 2010 to December 2024, identifying trends, common causes, and areas for patient safety improvement.
I request the following information for all ophthalmology-related clinical negligence claims from April 1, 2018 to the present day (or most up to date available)a
1. BASIC CLAIM INFORMATION
Unique claim reference number (anonymized if necessary)
Year the clinical incident occurred
Year the claim was received/filed
Year the claim was closed (if applicable)
Claim status: Open or Closed
Outcome: Payment made / No payment / Claim abandoned / Other
2. DETAILED CLINICAL INFORMATION
For each claim, I specifically request:
A. Primary Cause of Claim (using NHS Resolution coding categories, e.g.):
Failure and/or delay in treatment
Failure and/or delay in diagnosis
Intraoperative problems
Inappropriate treatment
Operator error
Failure to warn (informed consent issues)
Failure to recognize complication
Failure to follow up
Delay in performing operation
Failure to perform tests
Medication errors
Error with agent/dose/route
Equipment malfunction
Wrong diagnosis
Other (please specify)
B. Primary Injury/Outcome (e.g. but not limited to):
Diagnosis
Other visual problems
Blindness (specify if partial/complete, unilateral/bilateral if available)
Additional and/or unnecessary operations
Unnecessary pain
Wrong/incorrect intraocular lens
Retinal detachment
Infection/endophthalmitis
Other (please specify)
C. Ophthalmic Subspecialty Category:
Cataract surgery
Vitreoretinal surgery
Medical retina (including diabetic retinopathy, age-related macular degeneration)
Glaucoma
Cornea and external disease
Neuro-ophthalmology
Pediatric ophthalmology
Strabismus (squint surgery)
Oculoplastics
Uveitis
Ocular oncology
Ocular trauma
Accident & Emergency (A&E) ophthalmology
Laser procedures (non-retinal)
Refractive surgery (LASIK/PRK/etc.)
Ocular anesthesia complications
Pharmacy/medication-related
Other/General ophthalmology
D. Brief Description of Incidents if available:
Anonymized narrative description of what occurred (e.g. similar to descriptions provided in previous FOI responses to McMaster & Tucker, 2019)
3. FINANCIAL INFORMATION
For each closed claim with payment:
Total damages paid to claimant (compensation only)
Defence legal costs (NHS Resolution costs)
Claimant legal costs
Total amount paid (sum of above)
For analysis purposes, please also provide:
Total damages paid per year
Total legal costs per year
Number of claims by damages value bands (e.g., £0-10k, £10-50k, £50-100k, £100-250k, £250k-500k, £500k-1m, >£1m)
4. CLAIM RESOLUTION DATA
Method of resolution: Settled out of court / Court judgment / Mediation / Abandoned by claimant
Time from incident to claim notification (in months)
Time from notification to settlement/closure (in months)
5. SEVERITY GRADING
Where recorded, please provide severity of outcome using applicable classification system (e.g., National Patient Safety Agency grading or equivalent):
None (no harm)
Low (minimal harm)
Moderate (temporary harm)
Severe (permanent harm)
Death
6. ADDITIONAL CONTEXTUAL INFORMATION
Where recorded in claim data:
Whether a trainee/junior doctor was involved in care (as stated in claim)
Type of procedure involved (if surgical)
Patient age group (if available: pediatric <18, adult 18-65, elderly >65)
Whether the incident occurred in NHS trust or primary care setting
FORMAT AND PRESENTATION:
Please provide data in Microsoft Excel or CSV format with:
One row per claim
Separate columns for each data field requested above
Include all closed claims AND open claims (clearly marked)
If certain fields are not recorded for some claims, please leave cells blank rather than excluding the claim entirely
Specific REQUEST:
Unlike aggregate statistics, I specifically require individual claim-level data with the detailed clinical information described above (primary cause, primary injury, subspecialty, and incident description). This level of detail is essential to:
Identify specific patterns and trends within subspecialties
Understand the relationship between causes and outcomes
Develop targeted patient safety interventions
Compare findings with previous published studies
This detailed data was previously provided to McMaster & Tucker (2019) via FOI requests 3504, 3540, and 3684, and to Mathew et al. (2013) for their published study. I am requesting the same level of detail for the 2018-2026 period.
CLARIFICATIONS:
Incomplete Data: If complete clinical details are not available for all claims, please provide whatever data exists and indicate which fields have incomplete information, rather than withholding entire datasets.
Classification Systems: If current NHS Resolution coding/classification systems differ from those used in 2010 or cited in this request, please:
Provide data using your current classification system
Include a data dictionary/key explaining all codes and categories
Note any changes in classification over the time period
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