Freedom of Information disclosure log

Pressure Sores (FOI_6781)

The following information was requested:

…I believe there’s a valuable opportunity to raise awareness among our nursing team by
presenting data, particularly regarding the financial compensation that patients and families may receive due to hospital-acquired wounds within the Trust.

I understand that accessing this data could be challenging due to confidentiality and data
protection concerns.

I’m particularly interested in the financial implications so I can highlight how documentation and care is crucial.

Clarified on 4 October 2024:

I’ve reviewed the codes you provided, and I’m particularly interested in code 97 – pressure
sores.

(Please see attached PDF for further clarification.)

Never Event (FOI_6783)

The following information was requested:

I am writing to request a copy of your ‘Never Events’ report data please.

I am ideally looking for the data to be provided in an Excel format, covering the following points:
– Number of recorded Never Events by month and per Trust for the last 10 years
– Breakdown of the Never Events by description (total of each), per Trust for the last 10 years
– The total value of claims paid out in relation to Never Events, per Trust, per year for the last 10 years

The value of claims paid out in relation to Never Events – by Never Event Description – per Trust, for the last 10 years.

(Please, see attached PDF for clarification.)

Obstetrics or Neonatology (FOI_6782)

Service: Claims Management Speciality: Neonatology, Obstetrics

The following information was requested:

I’m writing to you under the freedom of information act to request the following information please.

1. The number of Clinical Claims and Incidents received where the Specialty is ‘Obstetrics’ or ‘Neonatology’ split by Trust and primary injury
2. The number and cost of Clinical Claims Closed (or settled) with damages paid, where the Specialty is ‘Obstetrics’ or ‘Neonatology’ split by Trust (with 5 or more claims), primary injury and primary cause.

We’d ideally like the data to cover between January 2023 and the latest available point in 2024.

Inappropriate Discharge (FOI_6777)

The following information was requested:

For the last financial year 2023/2024 please provide a breakdown of:

1) The number of claims where you have paid out damages where one of the reasons stated within the claim was that the patient was inappropriately discharged from hospital?
2) The amount of money paid out in damages where one of the reasons stated within the claim was that the patient was inappropriately discharged from the hospital?

Note: Please note this question refers to last year (23/24) as the year the claims were settled regardless of when the incident took place or when the claim was lodged.

Failure, Delay Diagnosis, misdiagnosis of cancer (FOI_6778)

The following information was requested:

1. Can you provide me with data (based on the financial year 2023/2024 in which the claim was paid) arising from a general misdiagnosis (which I believe has the cause code “Failure/Delay Diagnosis”), where this is either the first or second cause of the claim? Please state the number of successful claims and the total amount of damages paid to settle these claims.
2. If a NHS Trust had ten or more claims paid out within the three year period of 2021/22, 2022/23 and 2023/24 where misdiagnosis was either the first or second cause of the claim then please provide the name of the trust and the total value in compensation in relation to those claims and the number of those claims for the three year period?
3. Please provide the three highest figures that have been paid out to patients where claims
were found in their favour in 2023/2024 where misdiagnosis was either the first or second cause of the claim?
4. Can you provide me with data (based on the financial year 2023/2024 in which the claim was paid) arising from a general misdiagnosis (which I believe has the cause code “Failure/Delay Diagnosis”), where this is either the first or second cause of the claim and where “cancer” or “malignant” is in the free write field? Please state the number of successful claims and the total amount of damages paid to settle these claims.
5. If a NHS Trust had five or more claims paid out in the three year period of 2021/22, 2022/23 and 2023/24 where misdiagnosis was either the first or second cause of the claim and where “cancer” or “malignant” is in the free write field then please provide the name of the trust and the total value in compensation in relation to those claims and the number of those claims in the three year period.
6. Please provide the three highest figures that have been paid out to patients where claims
were found in their favour in 2023/2024 where misdiagnosis was either the first or second cause of the claim, and where “cancer” or “malignant” is in the free write field?

Fatality Claims (FOI_6779)

The following information was requested:

1. How many clinical negligence claims involving a fatality were paid out in the 2023/24 financial years?
2. What was the total amount of damages paid in relation to these claims?
3. For the financial year 2023/24, please provide a breakdown of the cause of death, where a claim has been made of negligence involving the death and a payout was made to the claimant?
4. In 2023/24 which ten NHS Trusts have had the most number of claims made against them for fatality where a payout has been made? For each of these ten trusts please provide (i) the name of the trust, (ii) the number of fatality claims paid out and (iii) the total value of the damages paid out in those claims.

NOTE: Please note that this question relates to the year in which the claim was settled, not the
year the incident happened or the year the claim was lodged.

Orthopaedic surgery (FOI_6772)

Service: Claims Management Speciality: Orthopaedic Surgery

The following information was requested:

I am writing to request access to a database of all orthopaedic surgery claims in England and Wales reported to the former NHSLA and current NHS Resolution between 1st April 2010 and 31st March 2024, with incidents ranging from 2000 to 2023, under the Freedom of Information Act (2000). Specifically, I am seeking the following details for each claim:

  • Incident and notification dates
  • A brief description of the incident
  • Cause, injury, specialty, and location of the incident
  • Total amount paid out, including separate figures for damages and claimant and defence costs for each closed claim

Please note that the database should include both closed (settled and/or completed) and open (outstanding) claims up to 31st December 2024. The data set is expected to encompass 4609 cases in total. Additionally, I request that all cases unrelated to knee surgery and those lacking detail on the type of surgery and/or the nature of the incident be excluded from this dataset.

[Please see attached PDF for clarifications.]

Expert witness fee guidelines (FOI_6760)

The following information was requested:

I am writing to request information under the Freedom of Information Act regarding the guidelines provided to NHS Resolution’s panel solicitor firms relating to expert witness fee guidelines. Specifically, I would appreciate details on the following:

Fee Caps and Structures:

1. The current fee caps for different types of expert reports, including but not limited to shortform, advisory, and CPR35 reports.

2. Any other categories of reports that have specific fee caps, along with their definitions. 3. Clear guidance on when fee caps do not apply, and the circumstances under which an hourly rate or an alternative fee structure may be implemented.

Categorization Guidelines:

4. The criteria and rules that define each report type (e.g., shortform, advisory, CPR35) and any other categories used by the panel.

5. The decision-making process that panel solicitors must follow to categorize a claim into the appropriate fee structure.

Exceptions to Fee Guidelines:

6. The procedures and evidence required by panel solicitors to obtain approval for expert witness fees above the set guideline rates, in cases where they are unable to source expert witness evidence at the guideline rate.

7.Additionally, please provide all documentation and/or policies that detail these guidelines, including any recent updates or changes over the past 5 years.

(Please, see attached PDF for clarifications.)

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