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Legal costs in settling clinical negligence claims

Freedom of information request details

FOI request date:

Service: Claims Management

The following information was requested:


I have taken a close look at NHSR’s maternity incentive scheme. At first sight, it is progressing really well, with 75 (57%) of the 132 participating acute trusts achieving ten out of ten required actions in year one, and 116 trusts (88%) achieving this goal in year two. The real testing questions for this scheme designed to reduce clinical negligence harm to patients are:

(a) How much costs have been incurred by NHSR and the other arm’s length central bodies in the initial development and subsequent amendments to this scheme, together with the annual running costs of the scheme in each year.

(b) How much resources have been expended by 132 trusts in examining the demands of all ten actions and what work is required to pass on the ten actions. Once the scheme is up and running, each trust must organise the operations, controls and the reporting to the maternity management team and the trust board at the required intervals.

(c) What is the evidence NHSR has advanced to justify the reduction in harm to patients as related to the ten actions central to this scheme and what is the value of harm prevented from occurring?

The value of the reduction in harm can be expressed in terms of this formula: Saving in harm = (c) – ( a + b). Have you got any indicative answers to questions (a), (b) and (c) for the first 2 years of the scheme, so that we can all see the efficacy of this scheme to date?

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