Freedom of Information disclosure log

Claims in excess of £5 million (FOI_6274)

The following information was requested:

This question relates to all settlements that have been made by the NHSLA and NHS Resolution where the settlement figure of compensation was equal to or in excess of £5 million, or the total budgeted payment was estimated to be equal to or in excess of £5 million (this is for a staged payment where the initial payment may be less than £5 m but over the life of the claim you have budgeted to pay out more than £5 m).

For each settlement please provide the trust name, damages paid and/or total damages budgeted to be paid, injury and speciality.

Please could this data be provided for the last financial year (2022/23).

NOTE: These questions relate to when the claim was paid or closed, not when the claim was lodged or when the incident took place.

Failure, Delay Diagnosis, Wrong Diagnosis (FOI_6270)

The following information was requested:

1. Number of claims where the Primary Cause is ‘Failure/Delay Diagnosis’ or ‘Wrong Diagnosis’ for the following financial years: 2021 – 2023

2. How many of these claims were as follows for each of the year as above
– successfully settled as a Periodical payment order
– successfully closed
– not upheld
– was dealt in courts – any other outcome

3. The total value of claims successfully closed or settled as a periodical payment order (PPO) in the 2021/2022 and 2022/23 financial years until the end of 2021 where wrong diagnosis and/or ‘failure/delay diagnosis’ was either the first or second cause.

4. Primary Injuries for Successful Claims Closed between financial years 2021/2022 and 2022/23 with damages paid (including PPOs) where the Primary Cause is ‘Failure/Delay Diagnosis’ or ‘Wrong Diagnosis’.

5. Primary Injuries for unsettled claims between financial years 2021/2022 and 2022/23 where the Primary Cause is ‘Failure/Delay Diagnosis’ or ‘Wrong Diagnosis’.

6. What are the top 10 misdiagnosed or failures to diagnose conditions for 2021 – 2023?

Non-NHS hospitals treatment – Independent Providers (FOI_6267)

The following information was requested:

1. How much has the NHS paid in compensation to NHS patients for operations and treatments in non-NHS hospitals and treatment centre in 2022/23 and what was the most common injury category for payment in each of those years?

2. Can you provide a table of all the injury codes for the cohort of payouts in relation to Question 1 and the number of claims against each code?

Note: The question refers to when the payout was made regardless of when the claim was lodged or when the incident happened. The answer should be provided on the same basis as was done for a previous FoI response from you [Ref: FOI_5209]

[Please note that the previous similar request is – FOI_5617.

Fatality Claims (FOI_6266)

The following information was requested:

  1. How many clinical negligence claims involving a fatality were paid out in each of the following financial years? 2019/20, 2020/21, 2021/22, 2022/23.
  2. For each financial year what was the total amount of damages paid?
  3. For each financial year what was the highest single claim settled for a fatality claim?
  4. For the financial year 2022/23, 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?
  5. For the last five years of claims 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 in the five-year period and (iii) the total value of the damages paid out in those claims.

Gynaecology: bowel damage, dysfunction, perforation (FOI_6265)

Service: Claims Management Speciality: Gynaecology

The following information was requested:

Follow up to FOI_6234

As per the letter, I would be grateful if you could supply me with high level data relating to the specialties noted (Gynaecology, and Bowel damage/dysfunction; Perforation) inc. number of claims received in the relevant financial years; a breakdown by primary cause; numbers closed with a damages payment; and the numbers with no damages paid.

If you are able to, data for the financial years 2013-2022 would be the most helpful. However, if you are only able to do single years, then, 2022 please.

Claims broken down by cause, injury and age group (FOI_6261)

The following information was requested:

1. Please can you provide the number of successful claims and the damages and legal costs relating to these claims for each year between financial years 2012/13 and 2022/23 for each injury type recorded by NHS resolution, broken down by age

2. Please can you provide the number of successful claims and the damages and legal costs relating to these claims for each year between financial years 2012/13 and 2022/23 for each cause’ recorded by NHS resolution, broken down by age.

Cerebral Palsy or Brain Damage payments over £22 mln and £23 mln (FOI_6260)

The following information was requested:

Cerebral Palsy or Brain Damage settlements/awards against NHS defendants concluded between January 2014 and September 2023 inclusive with a damages payment at or over £22 million and £23 million or where the capitalised value is at or over £22 million and £23 million.

NHS Resolution have or have access to the following information.

The information is:

The total number of claims against NHS defendants where the primary injury was Cerebral Palsy or Brain Damage which concluded between January 2014 and September 2023 inclusive with a damages payment at or over £22 million and £23 million , or where the capitalised value was at or over £22 million and £23 million.

Fibromyalgia (FOI_6258)

The following information was requested:

I am looking for some guidance on finding relevant data. I am interested in the personal injury claims where claimants had developed chronic pain (fibromyalgia) and the success rate of these claims, including the total amount of compensation annually in the UK.

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