Medical Negligence etc
| Authority | Department of Health and Social Care |
|---|---|
| Date received | 2017-05-30 |
| Outcome | Some information sent but part exempt |
| Outcome date | 2017-06-26 |
| Case ID | 355207 |
Summary
The request sought details on medical negligence insurance and payment history for Noble's Hospital from 2007 to 2017. The Department of Health and Social Care confirmed self-insurance and disclosed annual settlement and cost figures from 2012/13 to 2016/17, while withholding pre-2011 data and individual cost breakdowns due to legal exemptions.
Key Facts
- The Isle of Man Government self-insures Noble's Hospital against medical negligence claims.
- Information requested prior to October 11, 2011, falls outside the scope of the Freedom of Information Act 2015.
- Individual cost data was withheld as it constitutes personal data under the Data Protection Act 2002.
- Annual settlement and cost totals were provided for the financial years 2012/13 through 2016/17.
- No settlements or damages were paid in the 2016/17 financial year.
Data Disclosed
- 2017-05-30
- 2017-06-26
- April 2007 to April 2017
- 11 October 2011
- 2012/13
- 2013/14
- 2014/15
- 2015/16
- 2016/17
- £669,437
- £222,500
- £66,989
- £11,000
- £0.00
- £238,764
- £466,564
- £449,856
- £231,245
- £16,089
Exemptions Cited
- Section 25 of the Freedom of Information Act 2015 (Absolutely exempt personal information)
- Data Protection Act 2002
- Temporal scope limitation (information created before 11 October 2011)
Data Tables (4)
| 2012/13 | 2013/14 | 2014/15 | 2015/16 | 2016/17 | |||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Settlements/Damages Total* | £669,437 | £222,500 | £66,989 | £11,000 | £0.00 |
| 2012/13 | 2013/14 | 2014/15 | 2015/16 | 2016/17 | |||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Costs Total | £238,764 | £466,564 | £449,856 | £231,245 | £16,089 | ||||||||
| Settlements/Damages Total | £669,437 | £222,500 | £66,989 | £11,000 | £0.00 |
| 2011/12 | 2012/13† | 2013/14† | 2014/15† | 2015/16† | 2016/17† | |||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Settlements/ Damages Total* | £1,107,859 | £47,342 | £329,045 | £1,064,552 | £161,356 | £531,048 |
| 2011/12 | 2012/13‡ | 2013/14‡ | 2014/15‡ | 2015/16‡ | 2016/17‡ | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Costs Total | £46,650 | £142,018 | £224,322 | £303,657 | £772,096 | £392,190 | ||||||||||||||
| Settlements/ Damages Total | £1,107,859 | £47,342 | £329,045 | £1,064,552 | £161,356 | £531,048 |
Full Response Text
Department of Health and Social Care
Rheynn Slaynt as Kiarail y Theay
Page 1 of 3 FOIA/DHSC/1718/01
Chief Executive: Malcolm Couch
By email:
Freedom of Information Team Department of Health & Social Care Chief Executive’s Office Crookall House Demesne Road Douglas Isle of Man, IM1 3QA Tel: Email: Website: Date: FOI Reference: (01624) 642621 foi.dhsc@gov.im www.gov.im/dhsc 26 June 2017 IM89-818i
Dear
REQUEST UNDER THE FREEDOM OF INFORMATION ACT 2015 (“the Act”) Thank you for your request to the Department of Health and Social Care, dated 28 May 2017
Your request
You asked for:
Question 01: “Who insures Nobles Hospital and its employees against claims for
medical negligence?”
Question 02: “From April 2007 to April 2017, can you please provide the total
annual amount paid to claimants for medical negligence on an
annual Basis.”
Question 03: “From April 2007 to April 2017, can the amount be divided into that
paid for damages and that for Costs on an individual basis”
Response to your request We are pleased to be able to provide a response to your request with answers to some of your questions; while our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested; the reasons are shown as part of the corresponding answers below. Question 01: Who insures Noble’s Hospital and its employees against claims for medical negligence? In response to Question 01, we can confirm that the Isle of Man Government self- insures the Department, in regards to claims of medical negligence raised against the Department.
Page 2 of 3
FOIA/DHSC/1718/01
Question 02: From April 2007 to April 2017, can you please provide the total annual
amount paid to claimants for medical negligence on an annual basis
In response to Question 02, your request for information is for both information
before and after 11 October 2011; a Freedom of Information request can only be
made in respect of information created on or before 11 October 2011, our response is
as follows.
In respect of the portion of the information requested, created before 11 October
2011, we are not obliged to respond to it as a Freedom of Information request.
However, we will endeavour to respond to it under the Code of Practice on Access to
Government Information which can be found at www.gov.im/media/881974/access-
code.pdf.
In respect of the scope of the information requested created on or after 11 October
2011, under the provisions of the Freedom of Information Act 2015, please see the
table below:
2012/13
2013/14
2014/15
2015/16
2016/17
Settlements/Damages Total
£669,437
£222,500
£66,989
£11,000
£0.00
The settlements and damages figures provided represent the amount paid to claimants.
Question 03: From April 2007 to April 2017, can the amount be divided into that paid
for damages and that for costs on an individual basis
In response to Question 03, in this instance we are unable to provide the
information you have requested because it is absolutely exempt under section 25 of
the Act (absolutely exempt personal information). The justification for this is that the
Department is satisfied that the information for “costs on an individual basis” amounts
to personal data under the Data Protection Act 2002.
We are able to provide the annual total paid and costs which you may find useful;
however, as above, your request for information is for both information before and
after 11 October 2011; a Freedom of Information request can only be made in respect
of information created on or before 11 October 2011, our response is as follows.
In respect of the scope of the information requested, created before 11 October 2011,
we are not obliged to respond to it as a Freedom of Information request. However,
we will endeavour to respond to it under the Code of Practice on Access to
Government Information which can be found at www.gov.im/media/881974/access-
code.pdf.
In respect of the portion of the information requested (as discussed above), created
on or after 11 October 2011, under the provisions of the Freedom of Information Act
2015, please see the table below:
2012/13 2013/14 2014/15 2015/16 2016/17 Costs Total £238,764 £466,564 £449,856 £231,245 £16,089 Settlements/Damages Total £669,437 £222,500 £66,989 £11,000 £0.00
Page 3 of 3
FOIA/DHSC/1718/01
Your right to request a review
If you are unhappy with this response to your Freedom of Information request, you may ask
us to carry out an internal review of the response, by completing a complaint form and
submitting it electronically or by delivery/post to the FOI Co-ordinator, Department of Health
& Social Care, Chief Executive’s Officer, Crookall House, Demesne Road, Douglas, Isle of
Man, IM1 3QA. An electronic version and paper version of our complaint form can be found
by going to our website www.gov.im/about-the-government/freedom-of-information/how-
to-make-a-freedom-of-information-request/. Your review request should explain why you
are dissatisfied with this response, and should be made as soon as practicable. We will
respond as soon as the review has been concluded.
If you are not satisfied with the result of the review, you then have the right to appeal to
the Information Commissioner for a decision on:
- Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act; or
- Whether we are justified in refusing to give you the information requested.
In response to an application for review, the Information Commissioner may, at any time, attempt to resolve a matter by negotiation, conciliation, mediation or another form of alternative dispute resolution and will have regard to any outcome of this in making any subsequent decision.
Further information about Freedom of Information requests can be found on the Information Commissioner’s website at: www.inforights.im/information-centre/freedom-of-information. Should you have any queries concerning this letter, please do not hesitate to contact us. Yours Sincerely
Freedom of Information Team Department of Health and Social Care
Department of Health and Social Care
Rheynn Slaynt as Kiarail y Theay
Page 1 of 3 FOIA/DHSC/1718/01
Chief Executive: Malcolm Couch
By email:
Freedom of Information Team Department of Health & Social Care Chief Executive’s Office Crookall House Demesne Road Douglas Isle of Man, IM1 3QA Tel: Email: Website: Date: FOI Reference: (01624) 642621 foi.dhsc@gov.im www.gov.im/dhsc 27 July 2017 IM89-818i
Dear
REQUEST UNDER THE FREEDOM OF INFORMATION ACT 2015 (“the Act”)
Thank you for your request to the Department of Health and Social Care, dated 28 May
2017
Your request
You asked for:
Question 01: “Who insures Nobles Hospital and its employees against claims for
medical negligence?”
Question 02: “From April 2007 to April 2017, can you please provide the total
annual amount paid to claimants for medical negligence on an
annual Basis.”
Question 03: “From April 2007 to April 2017, can the amount be divided into that
paid for damages and that for Costs on an individual basis”
Response to your request Upon review of the disclosure made 26 June 2017, it became apparent that the original response to Question 02 and Question 03 was incorrect; this was due to a misunderstanding of the original questions asked. The Department fully adheres to the principles of Freedom of Information, public accountability, openness and transparency, therefore the actual figures are now disclosed for your kind reference. On behalf of the Department of Health and Social Care, please accept our sincere apologies for not providing you with this information as part of our original response and for any inconvenience caused. Please kindly see below response, including revised answers to your original request.
Page 2 of 3 FOIA/DHSC/1718/01 Question 01: Who insures Noble’s Hospital and its employees against claims for medical negligence? In response to Question 01, we can confirm that the Isle of Man Government self- insures the Department, in regards to claims of medical negligence raised against the Department. Question 02: From April 2007 to April 2017, can you please provide the total annual amount paid to claimants for medical negligence on an annual basis In response to Question 02, please see the table below. This has been revised from our original response to include the financial year 2011/12, and also includes revised figures for the remaining financial years:
2011/12 2012/13† 2013/14† 2014/15† 2015/16† 2016/17† Settlements/ Damages Total £1,107,859 £47,342 £329,045 £1,064,552 £161,356 £531,048 The settlements and damages figures provided represent the amount paid to claimants. †Indicates revised figures.
Question 03: From April 2007 to April 2017, can the amount be divided into that paid
for damages and that for costs on an individual basis
In response to Question 03, in this instance we are unable to provide the
information you have requested because it is absolutely exempt under section 25 of
the Act (absolutely exempt personal information). The justification for this is that the
Department is satisfied that the information for “costs on an individual basis” amounts
to personal data under the Data Protection Act 2002.
We are however able to provide the annual total paid and costs which you may find
useful; please see the table below. This has been revised from our original response
to include the financial year 2011/12, and also includes revised figures for the
remaining financial years:
2011/12
2012/13‡
2013/14‡
2014/15‡
2015/16‡
2016/17‡
Costs Total
£46,650
£142,018
£224,322
£303,657
£772,096
£392,190
Settlements/
Damages Total
£1,107,859
£47,342
£329,045
£1,064,552
£161,356
£531,048
‡ Indicates revised figures.
Your right to request a review
If you are unhappy with this response to your Freedom of Information request, you may ask
us to carry out an internal review of the response, by completing a complaint form and
submitting it electronically or by delivery/post to the FOI Co-ordinator, Department of Health
& Social Care, Chief Executive’s Officer, Crookall House, Demesne Road, Douglas, Isle of
Man, IM1 3QA. An electronic version and paper version of our complaint form can be found
by going to our website www.gov.im/about-the-government/freedom-of-information/how-
to-make-a-freedom-of-information-request/. Your review request should explain why you
are dissatisfied with this response, and should be made as soon as practicable. We will
respond as soon as the review has been concluded.
Page 3 of 3 FOIA/DHSC/1718/01 If you are not satisfied with the result of the review, you then have the right to appeal to the Information Commissioner for a decision on:
- Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act; or
- Whether we are justified in refusing to give you the information requested.
In response to an application for review, the Information Commissioner may, at any time, attempt to resolve a matter by negotiation, conciliation, mediation or another form of alternative dispute resolution and will have regard to any outcome of this in making any subsequent decision.
Further information about Freedom of Information requests can be found on the Information Commissioner’s website at: www.inforights.im/information-centre/freedom-of-information. Should you have any queries concerning this letter, please do not hesitate to contact us. Yours Sincerely
Mr Paul Edge Freedom of Information Team Department of Health and Social Care