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Lord Chancellors Dept

Answer

Mr. Nicholas Winterton: To ask the Parliamentary Secretary, Lord Chancellor's Department how much the Legal Services Commission paid in each of the last five years to claimants' solicitors in relation to the investigation and running of clinical negligence claims against the NHS; and what proportion of this amount related to payments made to solicitors in relation to the initial investigation of the viability of claims. [160245] Mr. Lock: Information in the form requested is not readily available and could be obtained only at disproportionate cost. The Legal Services Commission records the value of main bills paid, comprising solicitors' costs, disbursements and Counsel's fees. The total figures for each year also include the value of claims which are met in full by the opponents. The net cost to the fund of clinical negligence cases is therefore less than the figures given. _________________________________________________________________________________________________. £ million 1995-96 50.6 1996-97 56.9 1997-98 64.4 1998-99 64.6 1999-2000 60.6 _________________________________________________________________________________________________. It is not possible to identify separately claims against the NHS from claims against GPs and dentists; nor is it possible to identify separately claims against private practitioners from those working in the NHS. The Commission does not record separately amounts claimed for different stages in proceedings, and it is therefore not possible to report separately the cost of initial investigations.Prior to the introduction of civil contracting in January 2000 clinical negligence was not separately identified as a category of advice work. The figures in the table therefore do not provide information regarding payments for advice and assistance work done under the former Green Form system. A number of measures have been introduced to seek to improve the value for money achieved in clinical negligence cases. From August 1999 only clinical negligence specialists who hold licences with the Commission have been able to provide publicly funded services in new cases. The Commission has a contract with Action for Victims of Medical Accidents (AVMA) to provide a merits screening test in clinical negligence cases; this expertise now supports the process of deciding which cases to fund. New guidance and tougher criteria have also been introduced and are aimed at restricting funding for lower value and weaker claims. Consequently there has been an increase in the proportion of claims that were found to lack merit, and were discontinued after the initial investigation, from 51 per cent. in 1996-97 to 60 per cent. in 1999-2000. There has also been an improvement in the success rate of claims that proceed beyond the initial investigation, from 46 per cent. in 1996-97 to 61 per cent. in 1999-2000. The discontinuation at an earlier stage of cases that lack legal merit represents an improvement in value for money. The reforms are also reflected in the number of new certificates issued annually for clinical negligence claims, which are just over half the totals being issued five years ago.

Secondary information

Type

Written question

Reference

368 c312-3W; 160245

Session

2000-01

Subjects

Health professions Legal Services Commission Legal costs Medical examinations Payments Negligence Solicitors

Contains statistics

Yes

Link

View this Written question on www.publications.parliament.uk