Lancashire and South Cumbria NHS Foundation Trust has paid out over £2 mil in negligence claims since 2019

New figures obtained by Medical Negligence Assist have found that Lancashire and South Cumbria NHS Foundation Trust (LSCFT) has paid out more than £2 million over five years up to April 2024 to deal with claims of poor care in its mental health and psychiatry services.

A total of 82 claims and incidents of mental health negligence at the Trust have been reported to NHS Resolution which handles negligence cases on behalf of the health service. 

It is the fourth highest figure out of all NHS Trusts nationwide, coming behind Tees, Esk and Wear Valleys Trust, Essex NHS and Mersey Care Trust.

Since 2019, LSCFT has settled 20 such claims with damages payouts amounting to £2,154,761.

Previously known as Lancashire Care, the Trust was established in April 2002 as a mental health and learning disability provider. 

Earlier this year, the Care Quality Commission (CQC) upgraded the Trust’s rating from “requiring improvement” to “good” with particular praise given to its inclusions of a 24-hour telephone mental health service.

What has the trust said about the figures?

Ursula Martin, Chief Strategy and Improvement Officer at Lancashire and South Cumbria NHS Foundation Trust (LSCft), said: “We take the safety of our colleagues, patients and visitors extremely seriously and where safety incidents are reported, we undertake robust investigations and seek to learn from what has happened so we can ensure a safe environment for all on our wards, buildings and in our care.

“The safety and care of our patients is incredibly important and is at the heart of everything we do. Where issues with care delivery are identified, we learn from them and if appropriate, roll out additional training and change practices, policies and procedures in order to improve, so that we can offer our service users the very best and our colleagues know what is expected of them.

“Where we have do have claims which are upheld due to sub optimal care of practice, we apologise to those affected, accept responsibility and again, take action, ensuring that any learning is shared throughout the Trust accordingly.”

Why did Medical Negligence Assist undertake this investigation?

Medical Negligence Assist’s investigation follows the launch of the long-awaited Lampard Inquiry which began on Monday, September 9 and is the first public inquiry specifically looking into mental health deaths. 

It is set to focus on the deaths of more than 2,000 mental health patients under the care of the NHS in Essex but is likely to have wider implications for mental healthcare across the NHS. 

The inquiry was prompted partly by the death of 20-year-old, Matthew Leahy who died in November 2012 after he was found unresponsive in his room at a secure mental health unit in Chelmsford eight days after he was sectioned. 

An inquest found his death occurred after a “series of multiple failings and missed opportunities.”

Since then, families in similar circumstances have been campaigning for reform across mental health services.

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What did the investigation find nationally?

The NHS as a whole has paid out at least £121m in mental health and psychiatry negligence claims in the last five years.

That includes £51m over claims related to death, £28m for claims relating to failures or delays in treatment and a further £18m over claims related to self-harm.  

Fatalities were the most common reason for mental health negligence claims made against the NHS. 

Specifically regarding NHS trusts, 1,127 claims and incidents of death have been lodged against NHS Trusts since 2019 with 457 claims settled with damages totalling £51.2m.

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Other common injuries resulting from clinical negligence in mental health or psychiatry services included brain damage, psychological damage, lower amputation and spinal damage. 

Medical Negligence Assist say these could be due to a multitude of reasons including inadequate staff training in restraint techniques, leading to permanent and life-changing physical injury. 

The Lampard Inquiry is being chaired by Baroness Lampard who previously led the investigation into abuse by Jimmy Savile in the NHS. 

Medical Negligence Assist offers specialist advice and support regarding mental health and psychiatry clinical negligence claims.  They operate a 24-hour helpline and live chat service which you can access on their website.