HC Deb 17 June 1991 vol 193 cc69-70W
Mr. Michael

To ask the Secretary of State for Wales what assessment he has made of the effect of changes in the method of covering doctors in respect of possible medical negligence claims on(a) the doctors in Wales, (b) their practice or unit, (c) their health authority or family practitioner authority and (d) on patients who might be affected.

Mr. Nicholas Bennett

The changes in arrangements for covering the costs of medical negligence litigation to which the hon. Gentleman refers relate only to doctors working in the hospital and community health services (H and CHS). General medical practitioners continue to be responsible for arranging their own insurance cover via the medical defence organisations (MDOs).

The new arrangements should have no effect upon doctors in the hospital and community health services since the insurance premix which were previously paid on their behalf were paid for by their employer authorities. We are currently collecting data for the first year of these new arrangements in order to assess the effect upon health authorities. I shall write to the hon. Gentleman when this is available.

There is no reason why patients should be affected.

Mr. Michael

To ask the Secretary of State for Wales what assessment he has made of the level of fees paid to medical experts in respect of evidence provided for medical negligence claims; and what assistance is available from within the national health service for anyone making or contemplating such a claim in Wales.

Mr. Nicholas Bennett

The fees paid to medical experts in respect of evidence provided in medical negligence cases reflect the amount and complexity of the work done and the amount of time which is involved. Typical fees that have been paid for expert reports range from £50 to £195 while experts who have attended Court to give evidence have recently charged between £50 and £600 per day. These figures are based on a random sample of current files.

A patient who is contemplating making a claim on the grounds of medical negligence may seek advice at an early stage from a community health council but if he wishes to pursue a claim it is usually essential that he should then have his own independent legal advice in view of the adversarial nature of the procedure.

Where a patient shows that he is likely to pursue a claim, it is the policy of the health authorities to disclose medical records voluntarily. To this extent they assist the patient as he is not then obliged to institute proceedings before he can gain access to his medical records. Finally, where a patient pursues a claim, he will rely upon the evidence of medical experts who in all probability are employed within the NHS.

Mr. Michael

To ask the Secretary of State for Wales what compensation was paid out to patients in each health authority area in Wales in each of the last five years(a) as a result of court action regarding allegations of medical negligence and (b) through payments made prior to a case coming to court; and what was the total financial cost to each authority in each of those years.

Mr. Nicholas Bennett

This information is not readily available and could only be obtained at disproportionate cost.

Mr. Michael

To ask the Secretary of State for Wales what proportion of the financial cost falling on each health authority in Wales in each of the last five years in respect of medical negligence claims was paid out in(a) defence legal costs, (b) legal costs awarded to patients or complainants, (c) fees in respect of medical evidence for complainants and (d) awards to successful patients or complainants.

Mr. Nicholas Bennett

This information is not readily available and could only be obtained at disproportionate cost.

Mr. Michael

To ask the Secretary of State for Wales what discussions he has undertaken with health authorities and family practitioner authorities in Wales and with organisations representing medical practitioners in hospitals and in general practice regarding the present system for dealing with claims for compensation to patients or their families; what advice he was offered; and what options for improving the situation he is now considering.

Mr. Nicholas Bennett

The present arrangements were discussed with district health authorities in Wales in advance of implementation. General practitioners continue to be responsible for arranging their own cover via the medical defence organisations.

The Government believe that the best way to improve the compensation system is to streamline and simplify litigation procedures. We are presently considering the feasibility of an arbitration scheme within the NHS to resolve claims for medical negligence more simply and more quickly.