BOARD OF DIRECTORS PAPER COVER SHEET. Meeting Date: 27 January 2010

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1 BOARD OF DIRECTORS PAPER COVER SHEET Meeting Date: 27 January 1 Agenda Item: 5 Paper No: C Title: CLAIMS REVIEW SUMMARY REPORT Purpose: To update the Board of Directors on current clinical and non-clinical claims made against the Trust Summary: The Trust currently has a total of 13 open clinical negligence claims with a maximum liability, inclusive of defence and claimant costs, of 44,798, new claims have been received by the Trust during the first half of the financial year (9/1). The Trust has a total of 16 open employer s liability and public liability claims, with a gross estimated value of 843,. Recommendation: For discussion and noting Prepared by: CARRIE STONE Legal Services Manager Presented by: This report is relevant to: (Please tick relevant box) Assurance Framework Risk Register I/D No. Healthcare Standards: Financial implications YES / NO Please specify which standard Monitor compliance Human Resources implications YES / NO Internal monitoring Legal implications YES / NO

2 POOLE HOSPITAL NHS FOUNDATION TRUST MEDICAL DIRECTOR S OFFICE Report to the Board of Directors 27 January 1 CLAIMS REVIEW SUMMARY REPORT 1. CURRENT POSITION 1.1 The Trust currently has a total of 13 open clinical negligence claims with a maximum liability, inclusive of defence and claimant costs of 44,798,75. The following graphs illustrate the number of clinical claims received per annum over the last five years and the number closed over the same five year period: the low numbers for 9/1 in comparison with the previous years reflects the fact that we are only part way through this financial year. Claims Opened /5 5/6 6/7 7/8 8/9 9/1 Claims closed /5 5/6 6/7 7/8 8/9 9/1 1.4 In terms of severity, the graph below illustrates the grading. All red and amber claims are discussed with the to confirm grading, liability, recommendations and action points arising from preliminary analyses. These meetings take place on a monthly basis. 1

3 Severity Grading 8 6 GREEN YELLOW AMBER RED 1.3 As previously reported, the financial liability to the Trust for clinical negligence claims is nil, given the Clinical Negligence Scheme for Trusts (CNST) nil excess level, implemented on 1 April NEW CLINICAL CLAIMS new claims have been received by the Trust during the first half of the financial year (9/1). 3. SETTLED AND CLOSED CLINICAL CLAIMS 3.1 The forecast at the beginning of the financial year anticipated the conclusion of 28 claims, with a reserve of 3,552,. In the first six months of the financial year (9/1) 19 cases were either settled (pending agreement on costs) or closed. A further 11 cases were closed early in the financial year from the 8/9 forecast. Payments notified to the Trust with respect to all these claims amounted to 3,61,97. Beachcroft LLP has been paid 81,76.74 by the NHSLA in the first six months of the financial year for costs and disbursements arising from Poole Hospital clinical negligence claims. 3.2 The following table illustrates the outcome of the 23 closed claims (excluding settled): Outcome Number Percentage Claim dormant 1 4% Payment before proceedings served 8 35% Payment out of Court after proceedings 8 35% Claim withdrawn 6 26% 4. NON-CLINICAL CLAIMS 4.1 T he Trust has a total of 16 open employer s liability and public liability claims, with a gross estimated value of 843,. For all these claims, the Trust carries an excess of 1, for employer s liability claims and 3, excess for public liability claims. Our liability in the event that all these cases settled is estimated at 139,. The Liability to Third Parties (LTPS) contribution for 9/1 is 76,65 and for 1/11 our contribution is 11, Seven cases were closed: settlement was agreed in three cases with damages totalling 8,15, claimants costs amounted to 7,6 and defence costs accounted for 2,151.

4 5 ANNUAL POLICY REVIEW REPORT UPDATE 5.1 In July 9, the Board of Directors received the second Annual Policy Review Report (APRR) for the Policy and Procedure for the Management of Clinical Negligence Claims, Employer/Public Liability Claims and Property Expense Scheme Claims. The review monitored compliance with the following criteria: NHSLA Reporting Guidelines Communication with relevant stakeholders Aggregated analysis Organisational learning 5.2 The overall view was that compliance with the above criteria were met, although a number of recommendations were identified with regard to the NHSLA Reporting Guidelines criteria, as a result of the above conclusions, for which an action plan was drawn up. Appendix A provides an update in respect of the actions taken arising from the APRR. CARRIE STONE Legal Services Manager January 1

5 Appendix A Appendix 1: Action Plan Annual Policy Review Report Action Plan for: POOLE HOSPITAL NHS FOUNDATION TRUST Policy and Procedure for the management of clinical negligence claims, employer/public liability claims and property expense scheme claims Lead for Action Plan: Legal Services Manager Reviewing Committee: Board of Directors Date Action Plan Initiated: July 9 Date Action Plan Reviewed: January 1 Code: Red Amber Green Issues Identified Action Lead Target Date Progress Review Date Compliance with NHSLA Reporting Guidelines (CNST) Improve the ratio of preliminary analyses completed within days of request for disclosure of healthcare records, by reminding AMDs and ADOs of timescales. Carrie Stone October 9 AMDs and ADOs reminded. Compliance sometimes difficult to achieve because of availability of clinicians and the fact that with some claims the allegations are too vague, to provide a meaningful preliminary analysis. 65% were completed at the time of the APRR. The position at January 1 is 73% completion of preliminary analyses. January 1 Compliance with LTPS reporting guidelines Improve the ratio of employer s liability and public liability claims reported within 21 days. Carrie Stone October 8 Responses from the care groups and McKesson for salary details has affected an ability to report within 21 days. Reminder letters are now sent regularly with expected response times. January 1