§ Mr. Nicholas WintertonTo ask the Secretary of State for Health if he will make a statement providing the details of the changes which come into force on 1 January 1991 affecting the claims made against health authorities for medical negligence.
§ Mr. DorrellWith effect from 1 January 1990, health authorities assumed direct responsibility, previously taken by the medical defence organisations, for claims of negligence against their medical and dental staff in the course of their national health service employment. A copy344W of HC(89)34, "Claims of medical negligence against NHS hospital and community doctors and dentists", has been placed in the Library. No changes come into force on 1 January 1991.
§ Mr. Nicholas WintertonTo ask the Secretary of State for Health (1) what was the total number of claims for medical negligence met by each region and district of the NHS in each of last 10 years for which figures are available;
(2) what was the total number of claims for medical negligence lodged against each region and district of the NHS in each of the last 10 years for which figures are available;
(3) what has been the total amount of claims for medical negligence met by each region and district of the NHS in each of the last 10 years for which figures are available.
§ Mr. DorrellUntil 31 December 1989, the medical defence organisations paid the costs and damages arising from claims of negligence against the medical and dental staff of health authorities. Information on the number of claims and on the costs involved is not held centrally.
§ Mr. Nicholas WintertonTo ask the Secretary of State for Health what information he has concerning the extent to which funds are currently being diverted by health authorities from patient care towards provision for possible future claims for medical negligence.
§ Mr. DorrellWe have no information which suggests that funds are being diverted in this way.
§ Mr. Nicholas WintertonTo ask the Secretary of State for Health (1) if he will make a statement giving details of his estimates of the likely cost of settling those claims made against the NHS for medical negligence in England and Wales which are currently being dealt with;
(2) what financial assistance he intends to give to the NHS trust hospitals to enable them to meet the potential £500 million outstanding liability for medical negligence suits.
§ Mr. DorrellThe medical defence organisations paid out an estimated £40 million in the hospital and community health services in the United Kingdom in 1989. The costs in 1990–91 may be higher than this. National health service trusts will not be responsible for any act of medical negligence occurring before they were established.
§ Mr. Nicholas WintertonTo ask the Secretary of State for Health (1) what discussions he has had with representatives of those units within the NHS which have opted for trust status about the implications for future funding of outstanding claims for medical negligence;
(2) if he will make a statement providing the details of the changes which may come into force on 1 April 1991 affecting the way in which claims made against health authorities for medical negligence will be dealt with in those cases where the health authority, or part of the health authority, has been awarded trust status.
§ Mr. DorrellHealth authorities will remain responsible after 1 April 1991 for claims of medical negligence made against them before that date. National health service trusts will be responsible only where the negligence or alleged negligence took place after the trust became responsible for the service concerned. A copy of EL(90)195 "Insurance arrangements from April 1991" has been placed in the Library.
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§ Mr. Nicholas WintertonTo ask the Secretary of State for Health what recent representations he has received concerning future plans for dealing with claims for medical negligence in the NHS.
§ Mr. DorrellThe few representations received recently included one from the National Association of Health Authorities and Trusts and one from Hastings health authority.
§ Mr. Nicholas WintertonTo ask the Secretary of State for Health if he will make a statement giving details of his estimates of the likely cost of settling all currently outstanding claims and potential claims for medical negligence in the NHS.
§ Mr. DorrellNo estimate has been made centrally of the likely cost of settling all currently outstanding claims: no estimate can be made of potential claims. The contingent liability is substantially larger than the amount paid out in any one year, since medical negligence cases often take several years to be settled.