NHS Litigation Authority

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The NHS Litigation Authority (NHSLA) is an executive non-departmental public body of the Department of Health.

It is responsible for handling negligence claims made against NHS bodies in England, on behalf of these bodies.[1]

In addition it:

  • has developed an active risk management programme to raise NHS standards and reduce incidence of negligence
  • monitors human rights case law on behalf of the NHS
  • co-ordinates claims for equal pay in the NHS
  • handles Family Health Service appeals (i.e., disputes between doctors, dentists, opticians and pharmacists and NHS Primary Care Trusts) (since April 2005).

Performance

In 2004-5 the authority dealt with 5,609 claims of clinical negligence and 3,766 of non-clinical negligence. About 38% of claims are abandoned by the claimant, and about 43% are settled out of court. In 2004-5 £502.9 million was paid out in respect of clinical negligence claims, and £25.1 million in respect of non-clinical negligence.

It runs the clinical negligence scheme for trusts. All NHS trusts in England are members of the scheme. They paid £968m in contributions in 2013-14 an increase of 38% since 2009. In principle trusts can insure themselves in the commercial market, but none have yet done so, possibly because leaving the scheme would crystallise their outstanding liabilities.[2] The authority altered the scheme in 2014 to give greater weight to trusts claims history when setting contributions.[3]

In 2012/3 charges amounted to £3,778,000. 47.59% related to maternity, 21.45% to surgery, 15.65% to medicine, 7.83% to A&E and 7.48% to all other specialities. Clinical negligence charges amounted to 23% of the cost of maternity services in England.[4]

The Department of Health’s triennial review of the Authority in 2015 reported that it took an average of 2.7 years for claims to be reported and a further 1.31 years for claims to be resolved.[5]

History

It was established in 1995 as a special health authority.[6] Its current duties are established under the National Health Service Act 2006.[1]

The National Clinical Assessment Service became part of the NHS Litigation Authority on 1 April 2013, taking the headcount of employees at the NHS LA to over 200 people.[7]

Mr Ian Dilks is chair of the authority, having taken up his appointment on 1 April 2014 for a three-year term of office.[8] He succeeded Dame Joan Higgins who was appointed in 2007.[9]

References

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External links