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The NHS Litigation Authority annual report published

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The National Health Service Litigation Authority (NHSLA) has released its annual report which shows that the NHS has spent £807 million in 2008/2009 on settling claims.

The figure includes damages and the legal costs of both parties. This is a rise of over 22% from 2007/2008 when the spend was £661 million. Over the last three years, spending has increased by £194 million.

There have been consistent levels of medical negligence claims brought over the last five years but this year has seen a rise of over 11%. The report said:- “we have not been able to identify any single factor that might have precipitated the rise”.

Non-clinical claims are claims for personal injury that are not as a result of medical treatment, brought by patients, visitors and staff. These claims have risen by more than 10% this year.

The majority of cases settle before the reach Court and the NHSLA estimates that only 4% go that far. This includes claims that are settled on behalf of children or people without mental capacity, that require the Court to approve the settlement.

In cases where ongoing care is warranted and the size of the claim is large, it is often appropriate for the Claimant to receive their damages in periodical payments rather than as a lump sum. As at 31 March 2009 the NHSLA were making periodical payments in 659 cases, compared with 548 at 31 March 2008 and 471 at March 2007. This figure is likely to keep growing as Claimants often receive periodical payments for the rest of their lives. The current provision for periodical payments totals £1,372,764,078.

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