§ Lord Chan asked Her Majesty's Government:How much money has been paid out by the National Health Service in litigation against the National Health Service; how many legal firms are involved on behalf of litigants; and how much the National Health Service has paid out with regard to no-fault claims. (HL2620)
§ Lord Hunt of Kings HeathThe Department of Health does not hold figures for all aspects of litigation made against the National Health Service. However, according to the National Audit summarised accounts for health authoritites, NHS trusts and NHS Litigation Authority, expenditure for clinical negligence for 1999-2000 was £373 million. Additionally, in respect of non-clinical litigation, figures are available for "liability to third party (LIPS)" and "property expenditure (PES)" claims. For 1999–2000 these were £33,445 and £325,478 for LTPS and PES respectively.
Any legal firm or sole practitioner is able to take instruction for legal action against the NHS, and the department does not hold data on the numbers of those that are involved in such actions on behalf of claimants.
Compensation is not paid out by the NHS unless there is a legal liability to do so. Therefore nil has been paid out in respect of no-fault claims. NHS bodies can and do make ex gratia payments on a case-by-case basis but the department does not collect centrally figures relating to these.