To ask the Scottish Executive how much legal aid was paid to lawyers to represent clients suing the NHS for negligence in each of the last 10 years.
The Scottish Legal Aid Board (SLAB) has responsibility for administering the legal aid scheme.
SLAB has reparation cases coded on its systems going back to 2001. In 2005, it introduced a category code to identify cases of reparation with a specific medical negligence component. However, it does not categorise the type of opponent.
Medical negligence cases take between one and two years on average to result in an account being submitted. As can be seen in the following table the first two years after the introduction of the new system saw a build up in the level of identified expenditure, and will not be an accurate representation of the amount of legally aided work related to medical negligence in any particular year.
The figures quoted are for all opponents that appear to be a part of the wider National Health Service, i.e. they include health boards, health trusts, individual doctors, dentists etc as well as the Scottish Ambulance Service, the Blood Transfusion Service and NHS 24.
Exclusions have been made for cases against obvious private companies and non-medical bodies, for example the Scottish Prison Service.
The figures shown in the table have combined the costs of advice and assistance and full legal aid.
The breakdown of the total paid is shown in terms of solicitor''s fees, counsel''s fees and outlays to cover expenses and items such as expert witness reports. Figures are rounded to the nearest thousand pounds.
SLAB recovers a considerable part of the costs of medical negligence cases. In 2009-10 it recovered 30% of the total gross cost of these cases through expenses being awarded against opponents and through contributions from assisted persons. These gross figures therefore do not represent the net cost on the legal aid fund.
| Gross Expenditure (£000) | 2005-06 | 2006-07 | 2007-08 | 2008-09 | 2009-10 | 2010-11 (part yr) |
| TOTAL Paid inc VAT | 12 | 91 | 416 | 781 | 1,082 | 1,271 |
| Sol Fees Inc VAT | 3 | 3 | 124 | 279 | 342 | 488 |
| Counsel Fees inc VAT | 0 | 0 | 50 | 91 | 101 | 317 |
| Total Outlays inc VAT | 9 | 88 | 242 | 411 | 640 | 466 |