FoI Number
2024-693
Subject
Successful Compensation Claims
Date Received
07/02/2025
Request and Response

I am submitting this request under the Freedom of Information (Scotland) Act 2002. I would like to request the following information regarding compensation claims successfully made against the health board over the last five financial years (2019-20 to 2023-24):

  1. The total number of successful compensation claims made by patients against the health board each year.

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 25(1) as the information requested is accessible without submitting a request under FOISA s 1(1). The information you have requested is available here:

https://www.nhsshetland.scot/directory-record/3321/negligence-claims

The total amount paid out in compensation claims each year.

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 25(1) as the information requested is accessible without submitting a request under FOISA s 1(1). The information you have requested is available here:

https://www.nhsshetland.scot/directory-record/2069/malpractice-or-medical-negligence-compensation

https://www.nhsshetland.scot/directory-record/3321/negligence-claims

NHS Shetland has made it easier for you to search previous FOI requests/responses. We would be grateful if you could check the register and other published sources before submitting a request to see if the information you need has already been published. This will save both time and public resources:

https://www.nhsshetland.scot/directory/2/-foi-response-register

  1. A breakdown of claims by category, including but not limited to:

Medical negligence

Surgical errors

Misdiagnosis or delayed diagnosis

Maternity-related claims

Medication errors

Other patient safety incidents

NHS Shetland is unable to provide a breakdown as to do so would carry a high risk of identifying individuals. As such and 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 s38(2A) as the information constitutes personal data and disclosure would breach the confidentiality of the data subjects.