Freedom of information request details
FOI request date:
The following information was requested:
Could you please provide data regarding clinical negligence claims handled by NHS Resolution that have included a “lost years” element of damages (claims for loss of earning capacity during a projected period of premature death caused by the alleged negligence)?
Specifically, I would like to request the following information broken down by financial year for the last ten available financial years (e.g., 2014/15 to 2024/25):
Total Number of Claims: The total number of settled clinical negligence claims where the claimant’s damages assessment included a calculation for “lost years” (i.e., where future loss of earnings/earning capacity was calculated for a period after the claimant’s projected date of death, or where a Harris v Empress Motors deduction for living expenses was applied).
Age Demographics: A breakdown of these claims by the age profile of the claimant at the time of settlement or judgment (specifically distinguishing between adult claimants and child/pediatric claimants under the age of 18).
Primary Injury/Specialty Breakdown: A breakdown of these “lost years” claims by specialty or injury type (e.g., Oncology/Delayed Diagnosis, Obstetrics/Birth Injury, Brain Injury).
Settlement Value: The total or average quantum (damages paid) for the claims identified in question 1.
Refinement Strategy to Assist with Cost Limits: If extracting this specific data directly from your main database poses a difficulty or risks exceeding the appropriate cost limit under Section 12 of the FOI Act, please prioritise and provide:
Data restricted only to high-value closed claims (e.g., claims valued over £1,000,000) where a reduction in life expectancy was coded or noted in the risk/claims management system.
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