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Where NHS services in an area have been re-organised, the organisation legally liable for
the claim may not in fact have been managing the hospital in question at the time of the
incident. Where organisations have merged, leading to “inherited claims”, we have tried
where possible to indicate the date when the predecessor member joined CNST.

The amounts paid out on behalf of members are broken down into “damages” (the amounts
paid to the patient), “defence costs” (the legal costs incurred by NHS Resolution in handling
the claim) and “claimant costs” (the legal costs incurred by the patient in bringing the claim,
where these are met by NHS Resolution).

It should be noted that these 2016/17 figures include repayments from previous years, for
example where a payment was made in one financial year and then received back the
following year. Occasionally, therefore, these figures may be less than zero. Moreover,
where claims are made by members under the Property Expenses Scheme, for example in
respect of stolen medical equipment, the payments made by NHS Resolution are not
"damages" payments as such but rather a reimbursement to the member of its loss.

Until 2002, members handled and funded lower-value CNST claims themselves. However, in
April 2002 all such claims were “called-in” to NHS Resolution and we now handle all CNST
claims regardless of value. Because of this change in the scope of CNST, figures for the
years preceding this date are not comparable with those for successive years and are not
given. However, figures in this factsheet for 2016/17 are presented on a comparable basis
with those provided for 2015/16, 2014/15, 2013/14, 2012/13, 2011/12, 2010/11, 2009/10,
2008/09, 2007/08, 2006/07, 2005/06, 2004/05 and 2003/04.

In order to protect the confidentiality of individual patients, we have not given precise figures
where the number of claims/potential claims received in a year was fewer than five or the
amounts paid out were lower than £5,000. Such cases are indicated with an *.

This Factsheet should not be interpreted as a league table. While we have attempted to
give some indication of context in terms of the size of member, inevitably different institutions
face different levels of risk because of the variations in the nature and complexity of the
procedures they perform.

Further information:

Factsheet 2 - financial information - summary figures
Factsheet 3 - claims information (England) - summary figures

Factsheet 4 - information on individual trust assessment levels (only up until the 2013/14
financial year. We no longer assess members against these standards).

Factsheet 5 - information on individual trust claims experience in the latest financial year
Factsheet 6 - information on FHSAU statistics

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