HC Deb 09 September 2004 vol 424 cc1365-6W
Mr. Simon

To ask the Secretary of State for Health whether the NHS Litigation Authority will be liable in cases of clinical negligence where the negligent treatment was provided by a private or foreign healthcare provider under contract for the NHS. [187382]

Ms Rosie Winterton

The NHS Litigation Authority administers the clinical negligence scheme for trusts (CNST) in England. The CNST provides indemnity against claims for clinical negligence for member organisations, which include national health service trusts and primary care trusts (PCTs).

Indemnity for cases arising from clinical negligence is as follows: Before July 2004, indemnity for clinical negligence for independent sector treatment centres (ISTCs) was covered by commercial insurance arrangements. Subsequently, on a progressive basis, indemnity is now provided through the CNST cover provided to PCTs. The arrangements between ISTCs and PCTs are covered in their contracts. For patients referred to foreign healthcare providers, indemnity for clinical negligence is usually covered by the CNST arrangements of the referring PCT or NHS Trust. For other private organisations the liability depends upon the terms and conditions of the contract between the PCT, NHS Trust and the private body concerned.

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