Claims

The NHS LA manages clinical negligence claims made against NHS bodies and some independent providers of NHS care, and non-clinical claims against NHS bodies. Three schemes (known as CNST, ELS and the ex-RHAs scheme) cover clinical negligence claims and the remaining two schemes (LTPS and PES, known collectively as RPST) cover non-clinical risks, such as liability for injury to staff and visitors along with property damage. We also handle claims relating to liabilities incurred by Primary Care Trusts and Strategic Health Authorities (which were both abolished under the Health and Social Care Act 2012), and equal pay and age discrimination claims against NHS bodies.
 

Details of the personal information held in relation to claims

 
We may collect the following information:
 
      Claimants – contact details, name, gender, date of birth, date of death, occupation, National Insurance number, incident date, information concerning your physical or mental health or condition, details about your care, complaints correspondence, financial information in relation to your claim and all of the previous categories of information for any injured party who is being represented by a litigation friend.
      Staff employed by our members – contact details, employment status, professional registration numbers, information concerning your care of a patient, formal statements, incident or accident reports, information concerning your handling of a claim.
      Witnesses – contact details, information concerning your involvement in the situation which is the subject of the claim.
      Experts – contact details, your opinions concerning a claim, financial information in relation to your fees.
      Service providers (lawyers, barristers, mediators) – contact details, information concerning your involvement in the handling of a claim, financial information in relation to your fees. 

Use of this information

 
We use this information to ensure that claims made against the NHS are handled fairly and consistently, and to support the NHS to learn from things that have gone wrong to improve patient and staff safety, with due regard to the interests of both claimants and the NHS. We seek to settle justified claims efficiently and to defend unjustified claims robustly.
We also use claims information for the purposes of internal training and the auditing of our claims management.
We are a member of the Claims and Underwriting Exchange Personal Injury (CUE PI) database. If a non-clinical claim is brought against one of our members, personal information about the injured party and the reason for the claim will be shared with the CUE PI database. We may run enquiry or fraud checks through the CUE PI database to allow us to effectively manage claims.
We may run identity checks against open source data sets to check that information provided by claimants or their representatives is accurate.
We may run checks against mortality data sets on injured parties in order to effectively manage claims that have been settled by way of a structured settlement or periodical payment agreement.
We will pass information to our panel of law firms in order that they may manage claims on our behalf. They may in turn arrange to provide information to experts and other parties to assist the management of the claim.
In some cases, we may ask our panel of law firms and/or private investigators to provide reports on people who bring claims against our members. Such reports are to assist with the process of effectively validating claims. The compiling of the report may include running checks against:
      Publically available open source data such as the electoral roll, Companies House, Land Registry, General Registry Office and general internet searches;
      Social media websites including Facebook, Twitter, Friends Reunited, LinkedIn, Instagram, Pipl, Hi5, Google+, Pinterest, Flikr, Tumblr, Myspace, Badoo and other social media aggregator sites;
      Personal, motor and business databases such as Corporate 192, TraceIQ, DVLA, Experian Motor, Experian E Customer, Creditsafe, Equifax Business, GB Connexus, Call Credit, Comgate and Geofeedia;
      Insurance Fraud Investigators Group (“IFIG”) database;
      Claims and Underwriting Exchange (“CUE”) databases;
      Robertson & Co’s Synergy database;
      Panel firms’ databases including Dataflag, Netfoil, Law Fraud Sentry, Ki, Visual and Intercept databases;
This list is not exhaustive. We may authorise surveillance conducted by private investigators in accordance with our Surveillance Protocol  

Sharing of this information

 
We may share information with third parties (such as the police, NHS Protect, the Department of Health or other government departments, regulatory and/or other public authorities) to comply with legal obligations or where this is otherwise necessary and it is lawful to do so (including disclosures made to protect patient safety or to enhance public protection).
 

Additional use of this information 

 
We do compile and publish research and statistics relating to claims, although this is in the form of anonymised or aggregated data.