HC Deb 15 November 1991 vol 198 cc684-5W
Sir Michael McNair-Wilson

To ask the Secretary of State for Health what consideration he has given to setting up an arbitration board to consider compensation in medical accident cases; and if he will make a statement.

Mr. Dorrell

A consultation document entitled "Arbitration for Medical Negligence in the National Health Service" was issued by the Department on 29 October. Comments are requested by 31 January 1992: detailed consideration will be given to these responses. Copies of the document are available in the Library.

Sir Michael McNair-Wilson

To ask the Secretary of State for Health how much money has been paid out by regional health authorities as medical accident indemnity since the present scheme started; and how funding to regional health authorities reflects the carrying of indemnity on the regional health authority budget.

Mr. Dorrell

Between January 1990 and March 1991 it is estimated that English health authorities spent about £60 million on costs associated with legal claims for clinical negligence against doctors and dentists in NHS hospitals. This includes payments of damages to plaintiffs, legal and other fees, and in-house expenses. Prior to January 1990 these liabilities were borne by the medical defence organisations. Figures for the financial year 1991–92 are not yet available.

Health authorities meet these costs from within their overall resources. Most regional health authorities operate pooling or other arrangements to assist district health authorities with the costs of large settlements. In addition the NHS has access to funds set up by the medical defence organisations as part of the agreements when these liabilities were passed to the NHS. Between January 1990 and March 1991 payments of some £9 million were authorised from these funds to English health authorities to help meet the cost of settlements.