HC Deb 24 July 2002 vol 389 cc1396-8W
Mr. Oaten

To ask the Secretary of State for Health what the annual expenditure by the NHS Litigation Authority on clinical negligence claims was in each year since 1995 [71561]

Mr. Lammy

[holding answer 19 July 2002]: According to the National Audit Office summarised accounts for the National Health Service (England) expenditure for claims and associated costs for clinical negligence for the latest years available is set out in the following table:

Year Expenditure £000s
1996–97 74,411
1997–98 11,498
1998–99 309,855
1999–2000 490,672
2000–01 3,116,589

Mr. Oaten

To ask the Secretary of State for Health what factors are used to calculate levels of clinical negligence insurance premiums paid by NHS trusts and primary care trusts to the NHS Litigation Authority. [71558]

Mr. Lammy

[holding answer 19 July 2002]: The National Health Service Litigation Authority assesses each year, using actuarial analysis, the total pool of cash required to administer the clinical negligence scheme for trusts for the following financial year. This global pool is then translated into an individual contribution per member trust by calculating a weighted risk exposure for each trust and then allocating a charge accordingly.

In short the risk exposure is calculated by assessing annually the levels of key staff involved in delivering clinical care across major service delivery areas.

Mr. Oaten

To ask the Secretary of State for Health how much was paid by English(a) NHS trusts and (b) primary care trusts to the NHS Litigation Authority in the form of clinical negligence insurance premiums in each year since 1995. [71559]

Mr. Lammy

[holding answer 19 July 2002]: Contributions to the clinical negligence scheme for trusts for each year were as follows:

Year NHS Trust £000s PCT £000s Total
1996–97 7,963 7,963
1997–98 10,864 10,864
1998–99 15,214 15,214
1999–2000 32,115 32,115
2000–01 49,533 163 49,696
2001–02 39,583 1,549 41,177

The figures were taken from the National Health Service Litigation Authorities final accounts and represent the actual amounts billed, not necessarily the amounts that were physically paid and received.

Mr. Oaten

To ask the Secretary of State for Health what the net present value of outstanding clinical negligence claims against the NHS in England was in each year since 1995. [71560]

Mr. Lammy

[holding answer 19 July 2002]: In the National Health Service summarised accounts (England), the National Audit Office includes figures for the provisions for clinical negligence in relation to all current claims and potentially successful claims (which may arise from incidents which have been incurred but not reported). The figures for this for each year were as follows:

Year Provision £000s
1996–97 1.3 billion
1997–98 2.3 billion
1998–99 3.2 billion
1999–2000 3.9 billion
2000–01 4.4 billion

Mr. Oaten

To ask the Secretary of State for Health how deficits in the NHS Litigation Authority budget for clinical negligence compensation are financed; and how surpluses are disposed of. [71556]

Mr. Lammy

[holding answer 19 July 2002]: The NHS Litigation Authority does not account on an income and expenditure basis so does not have surpluses and deficits. It is controlled on its overall spending, which includes provisions for future liabilities that are met if and when they materialise, from cash financing agreed with Her Majesty's Treasury and voted by Parliament in estimates.

Mr. Oaten

To ask the Secretary of State for Health when he will publish the Government's White Paper on Clinical Negligence. [71562]

Mr. Lammy

[holding answer 19 July 2002]: The chief medical officer (CMO) is producing a report for the Government on the options for reform of the system for dealing with clinical negligence. It is expected that this will be presented to Ministers in the course of the summer and will form the basis for published proposals later on this year. Neither Ministers nor CMO have yet to come to final conclusions.

Tim Loughton

To ask the Secretary of State for Health how many and how much ex-gratia payments have been paid to NHS patients for NHS clinical negligence in the last(a) five, (b) 10 and (c) 20 years. [71078]

Mr. Lammy

[holding answer 18 July 2002]: National Health Service bodies make ex-gratia payments in a range of circumstances. Figures for these payments are reflected in individual NHS body's accounts, however, they are not collated centrally.

Tim Loughton

To ask the Secretary of State for Health if he(a) has met and (b) plans to meet consultees to the White Paper on Clinical Negligence Reform. [71077]

Mr. Lammy

[holding answer 18 July 2002]: I have asked the Chief Medical Officer (CMO) to lead a wide ranging review of options for reforming the way clinical negligence cases are handled. As part of this work, the CMO and the officials assisting him have met with representatives of several of the organisations that responded to our "Call for Ideas" on clinical negligence reforms. The CMO is now preparing a report with recommendations for reform, which I will be considering over the summer. Once the outcome of this work is published we will consider any further requests for meetings we may receive.

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