Negligence cases

Summary

The request sought data on clinical negligence cases against Manx Care over the last five years, including outcomes and costs. The authority disclosed that 32 cases were recorded, with 9 settled, 15 ongoing, and 8 effectively won, alongside detailed financial expenditure totaling over £12 million.

Key Facts

• Manx Care recorded 32 clinical negligence cases between 2020 and March 2025.
• 9 cases resulted in compensation awards being paid to claimants.
• 15 cases remain ongoing with no final outcome.
• 8 cases were considered 'wins' for Manx Care due to withdrawal, lack of contact, or limitation periods.
• Total expenditure on legal fees, compensation, and professional costs over five years exceeded £12 million.

Data Disclosed

• 32
• 9
• 15
• 8
• 2020 to 26 March 2025
• 1 April 2021
• £1,924,877
• £9,597,396
• £566,939
• £12,089,212
• 2024/25
• 2023/24
• 2022/23
• 2021/22
• 2020/21

Original Request

In the last five years how many cases of negligence have been made against Manx Care? Of those cases how many did Manx Care win/lose or are still on going ? In the last five years how much has been spent on legal fees in terms of negligence cases including awards made against Manx Care".

Data Tables (1)

Data Tables (reformatted)

Full Response Text

Manx Care Noble’s Hospital, Strang Braddan, Isle of Man IM4 4R (01624) 650 000

Our ref: 4516998 10 April 2025

Dear

We write further to your request, received 18 March 2025, which states:

1)"In the last five years how many cases of negligence have been made against Manx Care?

2) Of those cases how many did Manx Care win/lose or are still on going?

3) In the last five years how much has been spent on legal fees in terms of negligence cases including awards made against Manx Care"."

Response

Background and Organisational Context

Manx Care was established under the Manx Care Act 2021 and became operational on 1 April 2021. Prior to this, all clinical negligence matters were the responsibility of the Department of Health and Social Care (DHSC). While some claims predate the establishment of Manx Care, the organisation currently holds the relevant records. In accordance with Section 26(1) of the Freedom of Information Act 2015, this response therefore includes data from the past five years, including cases initiated under DHSC but held by Manx Care.

1. Clinical Negligence Claims (2020 to 26 March 2025)

A total of 32 clinical negligence cases have been recorded. The current status of these cases is summarised below:

Category Number of Cases Cases settled with an award paid 9 Cases currently in progress (no final outcome yet) 15 Cases defended and claimant discontinued proceedings 3 Cases closed due to no further contact from claimant 3 Cases closed due to being out of time (limitation) 2 Total 32

1. Advice and Assistance (Section 15 – Freedom of Information Act 2015)

To assist with interpretation of this data:

• “Win” refers to cases where Manx Care (or DHSC prior to April 2021) successfully defended the claim. These include: • Cases where the claimant formally withdrew (3 cases) • Cases closed due to no further claimant contact (3 cases) • Cases closed on limitation grounds as “out of time” (2 cases) • “Lose” refers to cases where compensation was paid to the claimant, whether by court judgment or settlement (9 cases). • “Ongoing” refers to 15 cases that remain under legal or clinical review, where no determination has been made.

1. Financial Expenditure (Legal Fees, Compensation, and Other Professional Costs)

Costs associated with clinical negligence claims over the past five financial years fall into three main categories:

• Legal Fees: Costs for legal representation, advice, and case defence. • Compensation Payments: Settlement awards made to claimants. • Other Professional Fees: Costs incurred for expert reports and professional assessments, often recoverable from the medical indemnity fund.

3.1 Summary of Expenditure (2019/20 to 2024/25)

Financial Year Legal Fees Compensation Paid Other Professional Fees 2024/25 (as at 26 March 2025) £264,390 £4,604,072 £217,002 2023/24 £105,539 £1,753,897 £63,975 2022/23 £228,343 £818,633 £83,990 2021/22 £285,271 £1,512,225 £115,250 2020/21 (DHSC) £1,041,334 £908,569 £86,722 Total £1,924,877 £9,597,396 £566,939

All figures are based on Manx Care’s financial ledger. Compensation payments are managed through the medical indemnity fund.

Note: The 2024/25 figure reflects the resolution of several complex and historic cases, many predating Manx Care’s formation. These are settled through the Government’s medical indemnity fund, not core budgets. Manx Care continues to learn from each case and improve patient safety across all services.

Please quote the reference number 4516998 in any future communications.

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I will now close your request as of this date.

Yours sincerely