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Will the hon. Member give way?
Will the hon. Member give way?
The shadow Secretary of State underplays the strength of the British economy, with record employment and an unemployment rate one third below the EU average. I put this to him: the tax take is higher than we on the Conservative Benches would like, but the key reason is that in...
The shadow Secretary of State underplays the strength of the British economy, with record employment and an unemployment rate one third below the EU average. I put this to him: the tax take is higher than we on the Conservative Benches would like, but the key reason is that in...
I commend the Government for this Budget, which I think is more radical than first meets the eye. I say that as someone who is probably making their last Budget speech. As some of my right hon. and hon. Friends know, after 23 years I shall be stepping down at...
I commend the Government for this Budget, which I think is more radical than first meets the eye. I say that as someone who is probably making their last Budget speech. As some of my right hon. and hon. Friends know, after 23 years I shall be stepping down at...
As a former chair of the all-party parliamentary group on cancer for 10 years, I welcome this review. However, I put it to my right hon. Friend that at least part of the problem with waiting times and lists is the fact that only around half of all NHS staff...
As a former chair of the all-party parliamentary group on cancer for 10 years, I welcome this review. However, I put it to my right hon. Friend that at least part of the problem with waiting times and lists is the fact that only around half of all NHS staff...
In the spirit of accepting amendments and suggestions, may I thank the Minister, his officials and his special advisers for accepting the amendment in this place on prioritising cancer outcomes as a means of encouraging earlier diagnosis? That really will drive survival rates up. I also thank the nearly 100...
In the spirit of accepting amendments and suggestions, may I thank the Minister, his officials and his special advisers for accepting the amendment in this place on prioritising cancer outcomes as a means of encouraging earlier diagnosis? That really will drive survival rates up. I also thank the nearly 100...
We need to give credit where it is due, and the Government are absolutely right to try to grasp this nettle, but many of us are concerned about the haste with which it is being done. Does my right hon. Friend think it is a good idea to raise taxes...
We need to give credit where it is due, and the Government are absolutely right to try to grasp this nettle, but many of us are concerned about the haste with which it is being done. Does my right hon. Friend think it is a good idea to raise taxes...
I join many Members who have already spoken in wholeheartedly supporting the Government in trying to grasp this nettle, which has been pushed into the long grass for too long by too many Governments of all persuasions. However, I think many of us are concerned about the haste with which...
I join many Members who have already spoken in wholeheartedly supporting the Government in trying to grasp this nettle, which has been pushed into the long grass for too long by too many Governments of all persuasions. However, I think many of us are concerned about the haste with which...
I commend the Chancellor on many of these measures, including the support for the lower-paid. When it comes to funding, I encourage him not to stifle enterprise through increases in taxes, as these are often counter- productive. May I raise with him the case of social care workers? They provide...
I commend the Chancellor on many of these measures, including the support for the lower-paid. When it comes to funding, I encourage him not to stifle enterprise through increases in taxes, as these are often counter- productive. May I raise with him the case of social care workers? They provide...
In welcoming this package of measures, I very much urge my right hon. Friend to encourage businesses to be as flexible as possible so that employees can work from home, and to step up testing for emergency and public sector workers. Will he particularly focus on the elderly
and the...
In welcoming this package of measures, I very much urge my right hon. Friend to encourage businesses to be as flexible as possible so that employees can work from home, and to step up testing for emergency and public sector workers. Will he particularly focus on the elderly
and the...
To ask the Secretary of State for Health and Social Care, what recent assessment he has made of the criteria by which the NHS assess the merits of clinical negligence claims prior to litigation.
To ask the Secretary of State for Health and Social Care, what recent assessment he has made of the criteria by which the NHS assess the merits of clinical negligence claims prior to litigation.
NHS Resolution manages clinical negligence and other claims against the National Health Service in England, and shares learning from claims to help improve safety for patients and staff. NHS Resolution has a responsibility to settle justified claims fairly and promptly and defend unjustified claims to secure NHS resources. Each case must be considered on its own merits and it is important that a proper investigation is undertaken. NHS Resolution aims to get to the right answer as quickly as possible in every case and to help resolve claims sooner, and without the need for court proceedings. To support this NHS Resolution launched a new mediation service in December 2016.
NHS Resolution is an arm’s length body of the Department and is accountable to the Department and its performance is subject to regular review through the Department’s sponsorship arrangements. The Department’s assessment is that NHS Resolution is a well-run and efficient organisation and that it has had some success, within the current legal framework, in containing the cost of NHS litigation, a view that was supported by the National Audit Office, in its report ‘Managing the costs of clinical negligence in trusts’ published in September 2017 which can be viewed at the following link:
https://www.nao.org.uk/report/managing-the-costs-of-clinical-negligence-in-trusts/
NHS Resolution regularly agrees large-scale contracts for legal services, using its position as a bulk purchaser to obtain the best expertise at value for money for the health service. The contracts include a combination of fixed and capped fees as well as competitive hourly rates for its panel firms, which are also required to support NHS Resolution’s work to learn from claims to improve safety.
To ask the Secretary of State for Health and Social Care, what recent assessment he has made of the merits of the practice of the NHS paying their lawyers the same fee regardless of the outcome of a claim.
To ask the Secretary of State for Health and Social Care, what recent assessment he has made of the merits of the practice of the NHS paying their lawyers the same fee regardless of the outcome of a claim.
NHS Resolution manages clinical negligence and other claims against the National Health Service in England, and shares learning from claims to help improve safety for patients and staff. NHS Resolution has a responsibility to settle justified claims fairly and promptly and defend unjustified claims to secure NHS resources. Each case must be considered on its own merits and it is important that a proper investigation is undertaken. NHS Resolution aims to get to the right answer as quickly as possible in every case and to help resolve claims sooner, and without the need for court proceedings. To support this NHS Resolution launched a new mediation service in December 2016.
NHS Resolution is an arm’s length body of the Department and is accountable to the Department and its performance is subject to regular review through the Department’s sponsorship arrangements. The Department’s assessment is that NHS Resolution is a well-run and efficient organisation and that it has had some success, within the current legal framework, in containing the cost of NHS litigation, a view that was supported by the National Audit Office, in its report ‘Managing the costs of clinical negligence in trusts’ published in September 2017 which can be viewed at the following link:
https://www.nao.org.uk/report/managing-the-costs-of-clinical-negligence-in-trusts/
NHS Resolution regularly agrees large-scale contracts for legal services, using its position as a bulk purchaser to obtain the best expertise at value for money for the health service. The contracts include a combination of fixed and capped fees as well as competitive hourly rates for its panel firms, which are also required to support NHS Resolution’s work to learn from claims to improve safety.
To ask the Secretary of State for Health and Social Care, what recent assessment he has made of the financial implications for the NHS of the level of damages payments issued to resolve clinical negligence claims before legal proceedings; and if he will review the NHS policy of avoiding litigation.
To ask the Secretary of State for Health and Social Care, what recent assessment he has made of the financial implications for the NHS of the level of damages payments issued to resolve clinical negligence claims before legal proceedings; and if he will review the NHS policy of avoiding litigation.
The rising costs of clinical negligence are a major concern and something we are committed to tackling, given that National Health Service funds spent on clinical negligence are resources not available for front-line care. In 2018/19 total clinical negligence provision was £83 billion (Clinical Negligence Scheme for Trusts provision was £77.6 billion).
NHS Resolution has a responsibility to settle justified claims fairly and promptly and defend unjustified claims to secure NHS resources. Each case must be considered on its own merits and it is important that a proper investigation is undertaken. NHS Resolution aims to get to the right answer as quickly as possible in every case and to help resolve claims sooner, and without the need for court proceedings. To support this NHS Resolution launched a new mediation service in December 2016.
To ask the Secretary of State for Health and Social Care, what assessment he has made of the effect of paying NHS lawyers regardless of case outcome on (a) incentivising deny-delay-defend behaviour, (b) prolonging indefensible cases and (c) rewarding poor assessment of case merits prior to litigation.
To ask the Secretary of State for Health and Social Care, what assessment he has made of the effect of paying NHS lawyers regardless of case outcome on (a) incentivising deny-delay-defend behaviour, (b) prolonging indefensible cases and (c) rewarding poor assessment of case merits prior to litigation.
If the National Health Service gets something wrong and patients are harmed, it is quite right that the NHS is held to account. However, we are concerned about the rising cost associated with clinical negligence and is something we are taking very seriously.
NHS Resolution has a responsibility to settle justified claims fairly and promptly and defend unjustified claims to secure NHS resources. In doing so, NHS Resolution is committed to the use of alternative dispute resolution (ADR), including increasing its use of mediation, and consequently, the percentage of claims moving into formal litigation is the lowest it has ever been. In 2018/19, 70.7% of the 15,655 claims settled, both clinical and non-clinical negligence, were resolved with the use of ADR, without the cases going into formal court proceedings and, in these early stages, more cases are resolved without the payment of damages than with payment of damages.
To ask the Secretary of State for Health and Social Care, whether he plans to pay NHS lawyers by (a) fixed fees, (b) capped fees and (c) conditional fees according to the success of the defence; and if he will make a statement.
To ask the Secretary of State for Health and Social Care, whether he plans to pay NHS lawyers by (a) fixed fees, (b) capped fees and (c) conditional fees according to the success of the defence; and if he will make a statement.
If the National Health Service gets something wrong and patients are harmed, it is quite right that the NHS is held to account. However, we are concerned about the rising cost associated with clinical negligence and is something we are taking very seriously.
NHS Resolution has a responsibility to settle justified claims fairly and promptly and defend unjustified claims to secure NHS resources. In doing so, NHS Resolution is committed to the use of alternative dispute resolution (ADR), including increasing its use of mediation, and consequently, the percentage of claims moving into formal litigation is the lowest it has ever been. In 2018/19, 70.7% of the 15,655 claims settled, both clinical and non-clinical negligence, were resolved with the use of ADR, without the cases going into formal court proceedings and, in these early stages, more cases are resolved without the payment of damages than with payment of damages.
I very much congratulate my right hon. Friend on assuming his role and on his cracking policies and appointments so far. Actions speak louder than words, and it says a great deal when the four great posts of state are held by descendants of immigrants, and we should take great...
I very much congratulate my right hon. Friend on assuming his role and on his cracking policies and appointments so far. Actions speak louder than words, and it says a great deal when the four great posts of state are held by descendants of immigrants, and we should take great...
I very much welcome the Secretary of State’s announcement on putting the one-year cancer metric at the very heart of cancer services as a means of encouraging earlier diagnosis. You will be well aware, Mr Speaker, that the all-party parliamentary group on cancer has long championed the need to put...
I very much welcome the Secretary of State’s announcement on putting the one-year cancer metric at the very heart of cancer services as a means of encouraging earlier diagnosis. You will be well aware, Mr Speaker, that the all-party parliamentary group on cancer has long championed the need to put...
To ask the Secretary of State for Health and Social Care, what steps he has taken to improve the quality of assessments of liability by the NHS in advance of the commencement of legal proceedings.
To ask the Secretary of State for Health and Social Care, what steps he has taken to improve the quality of assessments of liability by the NHS in advance of the commencement of legal proceedings.
NHS Resolution handles clinical negligence claims on behalf of National Health Service organisations and independent sector providers of NHS care in England.
The Department oversees the performance of NHS Resolution in relation to claims management through its sponsorship arrangements which include a Framework Document and quarterly accountability meetings with reporting against a range of Key Performance Indicators. In addition, the National Audit Office has conducted a Value for Money assessment of the costs of clinical negligence, including examining the role and activities of NHS Resolution in detail. No concerns have been raised to NHS Resolution in relation to its decision making through either process.
NHS Resolution has advised that 70% of cases were resolved in 2017/18 without court proceedings of which 39% resulted in no payment of damages. Less than 1% go to trial with most ending in judgment in favour of the NHS. All its cases are thoroughly reviewed and in the great majority of clinical negligence cases, NHS Resolution obtains independent expert evidence before reaching a decision on liability.
To ask the Secretary of State for Health and Social Care, how many and what proportion of the litigated claims in which the NHS paid damages in the last 12 months were as a result of (a) breach of duty and (b) or causation.
To ask the Secretary of State for Health and Social Care, how many and what proportion of the litigated claims in which the NHS paid damages in the last 12 months were as a result of (a) breach of duty and (b) or causation.
NHS Resolution handles clinical negligence claims on behalf of National Health Service organisations and independent sector providers of NHS care in England.
NHS Resolution has provided the following information.
NHS Resolution has advised it does not pay damages unless on the balance of probabilities there is both a breach of duty and causation. NHS Resolution’s last audited period of accounts which is contained in its Annual Report for 2017-18 showed that it had 3,902 cases where damages have been paid on litigated claims settled in the financial year 2017-18.
To ask the Secretary of State for Health and Social Care, what assessment he has made of the accuracy of assessments of liability by the NHS in advance of the commencement of legal proceedings in the last three years.
To ask the Secretary of State for Health and Social Care, what assessment he has made of the accuracy of assessments of liability by the NHS in advance of the commencement of legal proceedings in the last three years.
NHS Resolution handles clinical negligence claims on behalf of National Health Service organisations and independent sector providers of NHS care in England.
The Department oversees the performance of NHS Resolution in relation to claims management through its sponsorship arrangements which include a Framework Document and quarterly accountability meetings with reporting against a range of Key Performance Indicators. In addition, the National Audit Office has conducted a Value for Money assessment of the costs of clinical negligence, including examining the role and activities of NHS Resolution in detail. No concerns have been raised to NHS Resolution in relation to its decision making through either process.
NHS Resolution has advised that 70% of cases were resolved in 2017/18 without court proceedings of which 39% resulted in no payment of damages. Less than 1% go to trial with most ending in judgment in favour of the NHS. All its cases are thoroughly reviewed and in the great majority of clinical negligence cases, NHS Resolution obtains independent expert evidence before reaching a decision on liability.
To ask the Secretary of State for Health and Social Care, in how many medical negligence claims against the NHS which were settled in the last five years legal proceedings were issued; and in how many such claims (a) damages payments were made, (b) the issue of proceedings has been...
To ask the Secretary of State for Health and Social Care, in how many medical negligence claims against the NHS which were settled in the last five years legal proceedings were issued; and in how many such claims (a) damages payments were made, (b) the issue of proceedings has been...
NHS Resolution handles clinical negligence claims on behalf of National Health Service organisations and independent sector providers of NHS care in England.
NHS Resolution has provided the following information:
The following table shows the number of litigated clinical claims closed 2012/13 to 2016/17 as at the end of each respective closure year:
Year of Closure | With Damages | Nil Damages | Total |
2012/13 | 2,009 | 723 | 2,732 |
2013/14 | 2,202 | 740 | 2,942 |
2014/15 | 2,291 | 771 | 3,062 |
2015/16 | 2,514 | 797 | 3,311 |
2016/17 | 3,217 | 1,017 | 4,234 |
It is not possible to say which of these claims required court approval of the settlement, because NHS Resolution does not record this information in a way that can be easily or quickly extracted.