Freedom of Information disclosure log

ELSGP and CNSGP Indemnity scheme

The following information was requested:

The information is requested as part of research for a paper on insuring clinical negligence.

My queries are:
• Does the CNSGP scheme indemnify a doctor against clinical negligence liability where the doctor is sued in a private capacity, or does the CNSGP pays the compensation in its capacity as employer because it has been held vicariously liable for their employee’s negligence?
• Why does the ELSGP cover historic claims made against members of the MDDUS or MPS only — what was the reason for not including members of other MDUs?
• Have the MDDUS or MPS paid NHS Resolution a proportion of the original premium in return for taking on the risk?
• Will the ELSGP pay claims where the healthcare professional is sued in their individual capacity (ie they are responsible financially for their own negligence)?
• Will the ELSGP pay claims where the healthcare professional’s NHS Trust is sued as responsible for their staff’s negligence (ie vicarious liability)? In which case, will the ELSGP only pay these claims where the healthcare professional in question was a member of the MDDUS or MPS?

HM Prison-Dental

Service: Claims Management Speciality: HM Prison Medical/dental

The following information was requested:

1. In each of the last five financial years (2016/17)(2017/18)(2018/19)(2019/20) and (2020/21)could you detail (i) how many claims for compensation you have paid out where the primary speciality has been recorded as HM Prison/Dental? (ii) the damages paid associated with these claims, (iii) the NHS costs paid, (iv) the claimant costs paid and (v) the total costs of damages and legal expenses.

2. For the combined five financial years could you please break down the total number of these claims recorded as having taken place at HM Prison/Dental by the primary injury
recorded? For each type of primary injury please state (i) the number of claims, (ii) the damages paid, (iii) the NHS costs paid (iv) the claimant costs paid and (v) the total costs of damages and legal expenses.

Birth Injury

The following information was requested:

For the last five years which NHS Trusts in England have paid out the most in awards / damages following birth injury claims made against them?

For each of these trusts please provide: a) the name of the trust – b) the number of claims subsequently awarded damages – c) the total value of damages.

Ophthalmology

Service: Claims Management Speciality: Ophthalmology

The following information was requested:

[Follow up to FOI_5363]

“We could provide you with high-level data relating to the specialty: Ophthalmology. It could cover number of claims received for the specialty in the relevant financial years; a breakdown by primary injury; a breakdown by primary cause; numbers settled; numbers with no damages paid and numbers currently open.”, for the last ten years please,

Early Notification Scheme

The following information was requested:

In the FOI response FOI_5198, 34 cases were identified as having had financial compensation provided (including interim payments) under NHSR’s Early Notification Scheme. See question 7.

1. Of these cases, how many involved children who received any financial compensation within the first two years of their life?

2. Of those cases identified in question 1 above, how many related to deceased children?

Incident Description Field re Anaesthesia

Service: Claims Management Speciality: Anaesthesia

The following information was requested:

In addition to the high level information provided in FOI_5258, dated December 2021, relating to the specialty of “Anaesthesia”, please conduct a search (presented with results in the same format as FOI_5258) in the returned free text “Incident Description Fields” in the “Anaesthesia” specialty for the following search terms together with boolean operators: “central line” OR “central venous line” OR “central venous catheter”.

Perineal Tear-1st, 2nd, 3rd Degree

Service: Claims Management Speciality: Obstetrics

The following information was requested:

[On 2 March 2022]

I am looking for the number of maternal birth injuries sustained in NHS hospitals that led to patients pursuing legal claims in the years 2020-2021 and 2021-2022. I am specifically looking for missed perineal tears of the third and fourth degree. Please could you also provide me with the total annual cost to the NHSR of these legal claims for the years 2020-2021 and 2021-2022. If possible, please could you separate out the cost between damages and legal fees/costs.

[On 8 March 2022]

Yes, please could you provide the data for Perineal Tear-1st, 2nd, 3rd Degree.

Just the data for 2019/20 – 2020/21 is ok thank you.

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