Tortious Liability Payouts - FOI Response Register

Total amount by year, since 2015 to date, paid out due to tortious liability to patients. (To clarify: I mean to include all expenses paid to patients/former patients as a result of an in- or out-of-court settlement for a tortious liability e.g. breach of medical duty of care by gross negligence)

The figures all relate to out of court settlements and include CRU and adverse expenses. The Board participates in CNORIS where the Board pays up to £25,000 from its own funds and the Scottish Government Health Directorate pays the difference before member contributions are adjusted annually based on risk profiles.

*please note claims are not necessarily paid out in the year they are received

1. The answer to part (1) broken down by whatever means your data storage already separates out this information

In accordance with FOISA s 16(1), NHS Shetland confirms that it holds the information requested but that it is exempt from disclosure under FOISA s 38(1)(b) as read with s 38 (2A) as the information constitutes personal data and disclosure would breach the confidentiality of the data subjects.

For each year listed the number of claims is less than 5, and for four of the years is only 1 so a breakdown of numbers and reasons against years poses a real risk of identification of claimants and settlements.

The reasons for claims include suboptimal surgery outcomes, failure to diagnose, data breach and failure to act on results.