Freedom of Information disclosure log

CNST Claims with damages paid (FOI_6370)

The following information was requested:

Can you please provide the following information under the Freedom of Information Act:

1. The number and cost of successful clinical claims settled by NHS Resolution under the Clinical Negligence Scheme for Trusts (CNST), broken down by the primary cause of the injury/ incident.

Can you please break down the cost of these claims by damages, claimant legal costs and NHS legal costs.

Can you please provide data for the following years (and break down your response by each year): 2018/19 to 2022/23

Amputation (FOI_6371)

The following information was requested:

1. How many legal cases have been brought against NHS hospitals by patients after negligent care resulted in amputation between January 2020-now?
2. Of those cases, how many resulted in a successful outcome for the patient?
3. What is the total amount of compensation paid out during this time period for such claims?

Payment of Damages and PPOs (FOI_6368)

The following information was requested:

Can you please provide the following information under the Freedom of Information Act:

1. The total number of claims settled by NHS Resolution with a payment of damages and/ or a periodical payment order (PPO), broken down by the following settlement tranches (up to £1.97 million, £1.97 million +).

2. A breakdown of your response to question 1 by the number of claims which included a PPO as part of the settlement.

3. A breakdown of your response to question 1 by the age tranche of the claimant at the time of the incident (0-17 years, 18 years – 39 years, 40 years +).

4. A breakdown of your response to question 2 by the age tranche of the claimant at the time of the incident.

5. A breakdown of your response to question 1 by the age tranche of the claimant at the time of the settlement.

6. A breakdown of your response to question 2 by the age tranche of the claimant at the time of the settlement.

Can you please provide the above information for the following years:
• 2019/20
• 2020/21
• 2021/22
• 2022/23

Average Claimant costs – fatality and still birth (FOI_6363)

The following information was requested.

I am making a Freedom of Information request for the following:

– The average value of legal costs NHS Resolution has paid to claimants in cases for each of the following financial years: 2018-19, 2019-20, 2020-21, 2021-22, 2022-23

– The average value of legal costs NHS Resolution has paid to claimants in cases involving a stillbirth for each of the above financial years

– The average value of legal costs NHS Resolution has paid to claimants in cases involving a newborn death for each of the following above years

– The average value of legal costs NHS Resolution has paid to claimants in cases involving the death of a child who was not a newborn for each of the above financial years

– The average value of legal costs NHS Resolution has paid to claimants in cases involving the death of an adult for each of the above financial years

Vaginal Mesh Claims (FOI_6358)

The following information was requested:

My request relates to the use of pelvic or vaginal mesh.

I would like to know:

For 2020/21, 2021/22, 2022/23, the number of vaginal mesh claims received

For following questions please sum the annual figures to provide a ten-year total – this should avoid any issues around low numbers.

2. In the last ten years, (2012/13 – 2022/23), what were the total:
a. Number of vaginal mesh claims
b. the number of vaginal mesh claims closed or settled with no damages paid
c. Number of vaginal mesh claims where damages were paid
d. The total NHS legal costs paid
e. The total Claimant Legal Costs paid
f. The total paid

3. In the last ten years, (2012/13 – 2022/23), where damages were paid, i.) what was the total number of claims and ii). what was the total amount paid out for the following primary injury types:
a. Adtnl/unnecessary operation(s)
b. Unnecessary Pain
c. Incontinence
d. Bladder damage
e. Bowel damage/dysfunction
f. Advanced stage cancer
g. Infectious Diseases
h. Renal damage/Failure
i. Multiple injuries
j. Poor Outcome – Fractures etc
k. Multiple injuries
l. Other – please specify

4. In the last ten years, (2012/13 – 2022/23), where damages were paid, i.) what was the total number of claims and ii). what was the total amount paid out for the following primary cause:
a. Fail to warn-informed consent
b. Fail/ delay treatment
c. Fail to recognise complication of
d. Intra-op problems
e. Inappropriate Treatment
f. Operator Error
g. Failure to perform tests

Medication errors in Anaesthesia (FOI_6360)

Service: Claims Management Speciality: Anaesthesia

The following information was requested:

Can you search for all of the anaesthetic complications by payout amount, date, category and cause for the past 10 years? I would like to present this data for an anaesthetic group to focus on trying to develop an educational and engineering solutions.

[Request clarified]

(…) my request would be for data arising from the specialty of Anaesthetics’ preferably for the for the years of 2017 to 2022. And if possible, for the preceding years of 2012 to 2016.

The CNST codes this would be looking at would be number

Cause Code 68 – Medication errors.
Under injury Codes 7 – Anaesthetic.
Under Specialty Codes 3 – Anaesthesia.

The amount of claim settlements would be useful as will all claims made even if there was no settlement.

Is there any data on the costs of legal fees for the different cases? Is this separate to the settlement fees or does this tend to be a percentage of the settlement payout?

Impotence, Incontinence (FOI_6353)

The following information was requested:

How many clinical negligence claims involving an injury code of (i) loss of sexual function, or (ii) impotence, were paid out by the NHSLA or NHS Resolution in the combined last three financial years? (20/21) (21/22) and (22/23)?

What was the monetary value of payments made against those claims that were paid in those three combined financial years, regardless of when the incident took place, or the claim was lodged?

How many clinical negligence claims involving an injury code of (i) incontinence were paid out by the NHSLA or NHS Resolution in the combined last three financial years (20/21) (21/22) and (22/23)?

What was the monetary value of payments made against those claims that were paid in those three combined financial years, regardless of when the incident took place, or the claim was lodged?

Failure to interpret X ray or to Act On Abnormal Test Result (FOI_6351)

The following information was requested:

1. The total number of clinical negligence claims settled where the primary cause was a failure to interpret x-rays and the total sum of settlement amounts relating to these claims.

Please provide this information for claims settled in the financial year 2022-23 and the nine previous years.

Please provide this data broken down by financial year and also by individual NHS trust.

2. The total number of clinical negligence claims settled where the primary cause was a failure to act on abnormal test results and the total sum of settlement amounts relating to these claims.

Please provide this information for claims settled in the financial year 2022-23 and the nine previous years.

Please provide this data broken down by financial year and also by individual NHS trust.

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