Paid claimant returning to trust after payment (FOI_7742)
The following information was requested:
Any data held by NHS Resolution, as to:
i) The total number of people paid compensation by the NHS in England for clinical negligence;
ii) Of those people, the total number OR proportion thereof, who have then returned to an NHS facility/entity for any of their subsequent treatment – relating to the injury or condition for which the said compensation was paid – and where that treatment was funded by the NHS with no recorded regard to their prior compensation;
iii) Answers to (i) and (ii) should be broken down – as available – by NHS Trusts; medical speciality; and year of treatment for financial years 2022/23, 2023/24, and 2024/25;
iv) If any answer to (iii) is provided at a Trust level, NHS Resolution is asked to please confirm what proportion of Trusts have provided this information by financial year [2022/23, 2023/24, and 2024/25]; the names of those Trusts; and a breakdown of their clinical negligence payments by speciality.
Hospice related payments for claims (FOI_7743)
The following information was requested:
I am writing to request information under the Freedom of Information Act 2000.
I am seeking national information about whether, and to what extent, hospice-related care costs are captured and paid within damages (special damages / heads of loss) for clinical negligence claims handled by NHS Resolution, and also proxy “denominator” cohorts that would help estimate where such costs may be expected but are not present.
For the purposes of this request, “hospice-related care costs” means costs included within damages that relate to care delivered by a hospice provider (including hospice inpatient care and hospice-at-home/community hospice services), whether charitably funded or partially supported by NHS/statutory funding.
I have noted NHS Resolution’s published guidance on “Understanding NHS Resolution data”, including the use of structured codes and the limitations of free-text searches. I would therefore be grateful if you could prioritise responses based on structured/recorded data fields wherever possible.
Scope and preferred period
To minimise burden and avoid exceeding the Section 12 cost limit, my preference is that you provide the requested information for the most recent financial year available (e.g., 2024/25). If this can be provided without exceeding the cost limit, please also provide the same information for the most recent two financial years, and if feasible, the most recent five financial years.
All questions below relate to clinical negligence claims that were resolved/closed in the relevant year and where a damages payment was made, unless otherwise stated. I am not requesting any personal data.
1) Whether hospice-related care costs are recorded as a structured damages field/category Please confirm whether NHS Resolution’s case management system captures damages in a structured way (e.g., by head of loss / special damages category/sub-category) and whether any structured field, category, tag, or standard coding exists that would identify:
a) hospice-related care costs, and/or
b) charitable care provider costs (including hospices), and/or
c) any equivalent category where hospice care costs would ordinarily be recorded.
If yes, please provide: i) the relevant field name(s), category label(s), or tag(s); ii) a brief description of how they are recorded/used; and iii) whether the values are recorded as structured numeric amounts, free text, or both.
2) Headline totals where hospice-related care costs are identifiable (structured extraction) For the relevant year(s), please provide:
a) the number of resolved/closed claims with a damages payment where damages included any hospice-related care costs (as defined above);
b) the total £ value of hospice-related care costs included within damages across those claims;
c) where held, the mean and median hospice-related care cost per claim; and
d) the total £ value of damages paid across the subset of claims identified in (a), to enable hospice costs to be expressed as a proportion of damages;
e) where held, a split of (a) and (b) by settlement vs court judgment.
3) Proxy denominators (structured cohorts) to estimate “expected” hospice/palliative care involvement If hospice-related care costs are not identifiable as a structured damages field/category, or even if they are, I would be grateful for the following proxy cohort totals for the same year(s), as these cohorts are likely to include cases where palliative/hospice needs could arise.
For each cohort below, please provide:
– the number of resolved/closed claims with a damages payment, and
– the total £ value of damages paid for those claims, and where held, a split by settlement vs court judgment.
Cohorts requested (using NHS Resolution’s existing structured codes/labels):
a) Claims coded as fatal / death-related outcome (or the closest equivalent outcome/injury severity code used in your system).
b) Claims with cause codes relating to delay/wrong diagnosis, failure/delay to treat, failure to refer, failure to perform test, and radiology error (or the closest equivalent NHSR cause categories).
c) Claims where the recorded specialty is “Palliative Medicine” (or the closest equivalent specialty label used in your system).
d) Claims where special damages include any care-related heads of loss (e.g., paid care, gratuitous care, case management, or equivalent labels used by NHSR).
If hospice-related costs can be identified (per Question 1), then for each cohort (a) to (d) above, please also provide:
– the number/value where hospice-related care costs are present, and
– the number/value where hospice-related care costs are not present.
4) Alternative approaches if hospice costs are not coded (best endeavours) If hospice-related care costs cannot be identified via a structured damages field/category, please confirm whether NHS Resolution can identify hospice-related costs indirectly through any other structured damages categories (for example, care/case management or other treatment/care cost categories), and if so, describe what is feasible within the cost limit.
Only if no structured route exists, and only if feasible within the cost limit, please confirm whether NHS Resolution can provide a count of resolved/closed claims (with damages payments) in which hospice care is mentioned within any searchable claim record fields (excluding personal data), using search terms such as: “hospice, “hospice care”, “hospice at home”, “palliative care”, “end of life”. Please explain which fields are searchable and any significant limitations of this method.
5) Guidance / policy on hospice-related costs and avoiding double recovery Please provide copies of any internal guidance, policy, or briefing documents held by NHS Resolution that describe how hospice-related costs are treated within damages, including any
approach to:
a) distinguishing or accounting for charitable vs statutorily-funded elements of hospice care (where relevant), and/or
b) avoiding double recovery where hospice services may have received NHS/statutory funding.
Claims for fail to warn – informed consent (FOI_7745)
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.
Radiology and ophthalmology claims breakdown (FOI_7739)
The following information was requested:
Annual statistics published in December 2025 show that there were 460 settled claims in radiology for 2024/25, 448 in 2023/24 and 409 in 2023.
https://resolution.nhs.uk/resources/annual-statistics/
Under the FOI Act 2000 I am requesting the following information:
1. For each year, can I please have a breakdown of the numbers by trust and integrated board, and the total value (£) of claims linked to each organisation. For example, in 2024/25 there were X settled claims at Leeds Teaching Hospitals Trust, totalling £X. At West Yorkshire ICB there were X settled claims totalling £X.
2. Please also give a break down of the numbers (as outlined above) for ophthalmology
Radiology (FOI_7735)
The following information was requested:
Please could you provide the same information as in FOI_7395, but limit the claims to only those as a result of a ‘Failure to Interpret X-Ray’.
Download this information request [Information request for Radiology (FOI_7735)]
Equipment malfunction, Problems with Medical Records, or Lack of Facilities (FOI_7730)
The following information was requested:
Please provide any recorded data, summaries, reports, or analyses held by NHS Resolution concerning the number of clinical negligence claims in which technology, software, or artificial intelligence systems were identified as a primary cause in the alleged incident.
For example:
• Claims where AI systems, or automated decision-making tools were alleged to have caused patient harm or error;
• Claims involving system failures, data loss, or errors in electronic patient record systems that led to harm;
• Claims involving medical devices, diagnostic systems, or digital health tools where malfunction or incorrect operation was the causal factor in the incident.
Please provide the information by financial year, from 2014/2015 to 2024/25.
If possible, please include:
• The number of such claims recorded each year
• The status of the claim (e.g., settled, ongoing)
• Any internal analyses, reports, or reviews discussing technology or AI-related a factor in claims
(Please, see attached PDF for clarification.)
Osteotomy_FOI_7731
The following information was requested and clarified:
This email represents a request for information under the freedom of information act for details of any claims processed by NHS Resolutions related to the following procedures in oral and maxillofacial surgery:
Orthognathic surgery
Sagittal split osteotomy
Le Fort osteotomy
Maxillary osteotomy
Mandibular osteotomy
Genioplasty
The details from these cases that I would like, as far as possible, are as follows:
Procedure carried out
Le Fort I osteotomy
Bilateral sagittal split osteotomy (BSSO)
Genioplasty
Bimaxillary osteotomy
Other
Any combinations of the above
Indication for surgery
Malocclusion
Any details about the type of malocclusion where possible e.g. class II skeletal relationship, anterior open bite etc.
Trauma
Aesthetic
Other
Nature of patient complaint
postoperative complications
delayed treatment
failure to diagnose
incorrect choice of intervention
inadequate follow-up
inadequate informed consent
denied treatment
other
unknown
Year of procedure
Outcome of claim
Value of any compensation paid out
Download this information request [Information request for Osteotomy_FOI_7731]
Failure To Interpret X-Ray (FOI_7732)
The following information was requested:
Please can I request an update to the FOI_6351 covering just the most recent 5 years and only for Failure to interpret X-ray.
In addition, please could you note the volume within each speciality and the primary injury.
Download this information request [Information request for Failure To Interpret X-Ray (FOI_7732)]
