Clinical Negligence Claims and Medico-legal costs

James Guyton Lee (Account suspended) made this Freedom of Information request to Cardiff and Vale University Health Board

This request has been closed to new correspondence. Contact us if you think it should be reopened.

Cardiff and Vale University Health Board did not have the information requested.

James Guyton Lee (Account suspended)

Dear Cardiff and Vale University Health Board,

Please can you provide the following information in regard to Clinical Negligence Claims and Medico-legal costs in your organisation:

1. How much did your Trust spend on its Legal Department per annum in the following years:

2012
2013
2014
2015
2016
2017

2. How many whole time equivalent members of staff did you have in your Legal Department (please organise by pay grade) in the following years:
2012
2013
2014
2015
2016
2017

3. What was the total number of allegations or attempted clinical negligence claims against your Trust per annum for the following years:

Incident Year:
2012
2013
2014
2015
2016
2017

4. What was the total number of cases and enquiries handled by your Trust’s legal department per annum in the following years:

Incident Year:
2012
2013
2014
2015
2016
2017

5. What was the total number of successful clinical negligence claims against your Trust in the following years:

Incident Year:
2012
2013
2014
2015
2016
2017

6. What was the median and mean time (in days) from complaint to closure of each case/enquiry handled by your Trust’s legal department in 2015 and 2016. Please only supply data for cases which did not result in a successful claim.

7. What was the median and mean time (in days) from complaint to closure of each successful claim against your Trust’s legal department in 2015 and 2016.

8. What was the total sum paid out in successful and settled clinical negligence claims in the following years:

Incident Year:
2012
2013
2014
2015
2016
2017

9. What was the total sum paid out for legal costs (not damages) for completed clinical negligence claims in the following years:

Incident Year:
2012
2013
2014
2015
2016
2017

10. What was the total sum paid out in completed clinical negligence claims in the Neurosurgery Department in the following years:

Incident Year:
2012
2013
2014
2015
2016
2017

11. What was the total sum paid out in completed clinical negligence claims in the Spinal Surgery Department (if separate from Neurosurgery) in the following years:

Incident Year:
2012
2013
2014
2015
2016
2017

12. What was the total sum paid out in completed clinical negligence claims in the Cardiology Department in the following years:

Incident Year:
2012
2013
2014
2015
2016
2017

13. What was the total sum paid out in completed clinical negligence claims in the Oncology Department in the following years:

Incident Year:
2012
2013
2014
2015
2016
2017

14. What was the total sum paid out in completed clinical negligence claims in the Trauma & Orthopaedic Department in the following years:

Incident Year:
2012
2013
2014
2015
2016
2017

15. What proportion of completed clinical negligence claims in the Spinal Surgery and Neurosurgery departments were attributed to the following in 2014, 2015, 2016 and 2017:
a)Delay in diagnosis
b)Delay in treatment
c)Poor communication or documentation
d)Poor clinical decision making

16. Does your Trust use a digital or online referral system in any of its acute medical of surgical specialties and when was it implemented?

17. Who is the Vendor of this referral system?

Yours faithfully,

James Guyton Lee

Ann Morgan (Cardiff and Vale UHB - Information Governance), Cardiff and Vale University Health Board

Dear James Guyton Lee.

 

I am writing in response to your e-mail below requesting information from
Cardiff and Vale University Health Board (the UHB) under the Freedom of
Information Act 2000.

The Freedom of Information Act 2000 gives individuals the right to access
official information. The Act allows the right to request any recorded
information held by a public authority, such as Cardiff and Vale UHB.  A
request can be made for any information it is thought a public authority
may hold. The right only covers recorded information which includes
information held on computers, in emails and in printed or handwritten
documents as well as images, video and audio recordings. 

 

A request can take the form of a question, rather than a request for
specific documents, but an authority does not have to answer your question
if this would mean creating new information or giving an opinion or
judgment that is not already recorded.

 

As you are making a request under the Freedom of Information Act the UHB
will consider your request in accordance with the Act and in line with the
appropriate guidance issued by the Information Commissioner as detailed
below.

 The UHB will:

• identify which questions amount to requests for information held on
record;

• be ready to offer advice and assistance that is reasonable in the
circumstances; and

• provide a response in line with the requirements of the legislation. 

 

I would now like to confirm that your request has been forwarded to the
relevant department to action. A further response will be issued in due
course.

As your request is being dealt with under FoI there is a deadline of 20
working days for response to be issued.

 

Yours sincerely

 

Ann Morgan

 

Llywodraethu Corfforaethol - Uwch Reolwr Gwybodaeth a Chyfathrebu

Corporate Governance – Senior Information and Communication Manager

Bwrdd Iechyd Prifysgol Caerdydd a'r Fro / Cardiff and Vale UHB

Tel 02920 7443747/4870

 

show quoted sections

Ann Morgan (Cardiff and Vale UHB - Information Governance), Cardiff and Vale University Health Board

Dear James Guyton Lee.

I am writing further to my e-mail below issued in acknowledgement of your
Freedom of Information Act request to Cardiff and Vale University Health
Board (the UHB).

The UHB reasonably requires further information in order to identify and
locate the information that you have asked for to ensure that is provides
the correct information to you. I will not be able to take this matter
further without the extra information from you. The reason for requiring
this further clarification is as follows:

In respect of:
Questions 1, 2, 4, 6 & 7 - the UHB does not have a Legal Department, the
NHS Wales Shared Services Partnership (NWSSP) has a Legal & Risk Service
which supports all the Welsh Health Boards and Trusts in legal matters.
The UHB does have departments that deal with concerns and claims managers
but the UHB needs further clarification from if it is information relating
to these departments that you wish to receive information on.

Question 3 – Please confirm what you mean by “allegations” i.e. do you
wish to receive the number of concerns/complaints received by the UHB s
well as the number of claims received in relation to clinical negligence.

Question 5 & 8 – The Annual Accounts, Which are published every year on
the UHB web site) include within them a Losses Note. This note includes
the number and value of claims paid out in year and written off in that
year. However, you have requested details by incident year, and our
accounting system is not set up in a manner that would easily extract this
information in addition, the very nature of clinical negligence claims
mean the payments can span a number of financial years, it would be very
rare for a claim to be made, settled and concluded in the incident year.
Please confirm if the information contained within the Annual Accounts
will be sufficient for your purposes. If not, then the UHB would need
consider applying section 12 to this element of your request.

Question 9 – Please can you clarify your use of the term “legal costs”, do
you wish to receive claimant costs or defence costs?

Should you wish to discuss any of the above please do not hesitate to
contact me.

If you are unhappy with the service you have received in relation to your
request and wish to make a complaint or request a review of our decision,
you should write to:

Mr Peter Welsh
Director of Corporate Governance
Cardiff and Vale University Local Health Board
Executive Headquarters
University Hospital of Wales
Heath Park
Cardiff
CF14 4XW

If you are not content with the outcome of any complaint, you may apply
directly to the Information Commissioner for a decision. Generally the
Information Commissioners Office cannot make a decision unless you have
exhausted the complaints procedure provided by the UHB.

The Information Commissioner can be contacted at:

Information Commissioner’s Office - Wales

2nd Floor, Churchill House,

Churchill Way,

Cardiff, CF10 2HH

Yours sincerely,

Ann Morgan

Llywodraethu Corfforaethol - Uwch Reolwr Gwybodaeth a Chyfathrebu

Corporate Governance – Senior Information and Communication Manager

Bwrdd Iechyd Prifysgol Caerdydd a'r Fro / Cardiff and Vale UHB

Tel 02920 743747/744870

 

 

show quoted sections

FOI Requests (Cardiff and Vale UHB - Information Governance), Cardiff and Vale University Health Board

Dear James Guyton Lee.

 

I am writing further to my e-mail below seeking further clarification for
your Freedom of Information Act request.

 

I have not as yet received any further contact from you enabling me to
progress the request. Please note that I will await one further week for
the required clarification from you and should this not be provided the
request will be closed in our records.

 

Yours sincerely,

Ann Morgan

 

Llywodraethu Corfforaethol - Uwch Reolwr Gwybodaeth a Chyfathrebu

Corporate Governance – Senior Information and Communication Manager

Bwrdd Iechyd Prifysgol Caerdydd a'r Fro / Cardiff and Vale UHB

Tel 02920 743747/744870

 

show quoted sections

FOI Requests (Cardiff and Vale UHB - Information Governance), Cardiff and Vale University Health Board

Dear James Guyton Lee.

 

I am writing further to my e-mail below advising that if you did not
provide the required further information that we required your request
would be closed.

 

As you have not responded to either on the communications below providing
the clarification we required Cardiff and Vale University Health Board
(the UHB) has now closed your request in its records and filed
accordingly. Please note we will not issue any further communication to
you related to this request.

 

Yours sincerely,

Ann Morgan

 

Llywodraethu Corfforaethol - Uwch Reolwr Gwybodaeth a Chyfathrebu

Corporate Governance – Senior Information and Communication Manager

Bwrdd Iechyd Prifysgol Caerdydd a'r Fro / Cardiff and Vale UHB

Tel 02920 743747/744870

 

From: FOI Requests (Cardiff and Vale UHB - Information Governance)
Sent: 22 January 2018 08:49
To: '[FOI #451022 email]'
Subject: REF 522/Clarification Chaser Freedom of Information request -
Clinical Negligence Claims and Medico-legal costs

 

Dear James Guyton Lee.

 

I am writing further to my e-mail below seeking further clarification for
your Freedom of Information Act request.

 

I have not as yet received any further contact from you enabling me to
progress the request. Please note that I will await one further week for
the required clarification from you and should this not be provided the
request will be closed in our records.

 

Yours sincerely,

Ann Morgan

 

Llywodraethu Corfforaethol - Uwch Reolwr Gwybodaeth a Chyfathrebu

Corporate Governance – Senior Information and Communication Manager

Bwrdd Iechyd Prifysgol Caerdydd a'r Fro / Cardiff and Vale UHB

Tel 02920 743747/744870

 

show quoted sections