The cost of legal claims against the Isle of Wight NHS Trust has been disclosed in response to a Freedom of Information (FOI) request. Over the past five years, claims have resulted in significant financial settlements, with costs fluctuating annually.
Rising costs in recent years
Between the financial years 2019/20 and 2023/24, a total of 137 claims resulted in damages payments.
The total amount paid in damages over this period reached £16,665,839.
The highest payout occurred in 2023/24, with damages amounting to £7,696,245.
This was more than triple the amount paid in 2019/20, which stood at £1,256,323.
Legal fees add to the financial burden
In addition to damages, the trust also incurred legal expenses.
NHS legal costs over the five-year period totalled £1,803,920, while claimant legal costs amounted to £7,281,596.
The most expensive year for legal fees was 2023/24, when NHS legal costs reached £560,370, and claimant legal costs were £2,315,968.
Number of claims varies year by year
The number of clinical claims fluctuated over the years. In 2019/20, 47 clinical claims were received. This decreased to 37 in 2022/23 before rising again to 52 in 2023/24.
Non-clinical claims were recorded in lower numbers, with some data suppressed to protect individual privacy. The highest recorded figure was in 2023/24, when eight non-clinical claims were received.
Not all claims result in payouts
Over the five years, 99 claims were closed with no damages paid. In 2023/24, 19 clinical claims were settled without a payout.
Some claims may be reopened, challenged, and settled in later years, making direct comparisons difficult.
Ensuring future harm to patients is avoided
In response to the news, an Isle of Wight NHS Trust spokesperson told OnTheWight,
“Patient safety is our top priority and our teams work really hard to provide patients with safe and high quality care.
“There are occasions where we don’t get this right and we have robust processes in place to learn from this and prevent any future harm to patients.”
Why claims can take years to settle
The FOI response noted that claims often relate to incidents that occurred years earlier. The complexity of clinical negligence cases means investigations and legal proceedings can be lengthy.
In some instances, settlements involve a periodical payment order (PPO). This means that, alongside a lump sum, ongoing payments are made to cover future care needs. However, figures in the report only account for payments made up to the settlement year, not future scheduled payments.
Understanding the figures
NHS Resolution, which manages claims on behalf of trusts, warned against drawing trends from the data.
The FOIA response also explains that low figures have been suppressed, as disclosure of information with this level of granularity is exempt under Section 40(2) by virtue of section 40(3A)
(a) of the Freedom of Information Act.
In some instances, the low numbers of claims (fewer than 5) in each category, the likelihood exists that individuals who are the subject of this information may be identified.
The number and cost of claims can vary significantly year to year, reflecting the nature of individual cases.
For more information about how claims are handled visit the NHS Resolution website.
