Compensation for failed surgical procedures since 2023 (FOI)

Request 704029402

​During 2023, 2024 and 2025 respectively, how many failures each year in surgical procedures have resulted in compensation claims being paid on the basis that the patient cannot speak publicly about the failure, despite the distress caused? 

What is the total sum overall each year for these procedures where compensation is paid on the basis that the patient cannot speak publicly about the failure, despite the distress caused?

What are the official guidelines for paying compensation for the failure of a surgical procedure on this basis?

Response

During the period 2023 to 2025, the Minister for Health and Social Services has entered into fewer than five settlement agreements in relation to surgical procedures where a confidentiality clause would typically be incorporated. As numbers are small, disclosure control is applied, and Article 25 of the Freedom of Information (Jersey) Law 2011 has been applied to protect the privacy of individuals.

The Minister has made compensation payments totalling £66,500 during this period in relation to surgical procedures where a confidentiality clause would typically be incorporated. Owing to the small number of cases in scope and any confidentiality agreements as may be included in the terms of settlement, it is not possible to provide an annual breakdown of this figure by year, as doing so could prejudice the commercial interests of Health and Care Jersey (HCJ) and impact on the privacy of individuals. Therefore, Article 33 and Article 25 of the Freedom of Information (Jersey) Law 2011 have been applied.

Compensation claims are settled as appropriate where there is an actionable claim in law, and are paid on the basis of a number of negotiated terms and conditions.

Articles applied

Article 25 - Personal information

(1) Information is absolutely exempt information if it constitutes personal data of which the applicant is the data subject as defined in the Data Protection (Jersey) Law 2018.

(2) Information is absolutely exempt information if –

(a) it constitutes personal data of which the applicant is not the data subject as defined in the Data Protection (Jersey) Law 2018; and

(b) its supply to a member of the public would contravene any of the data protection principles, as defined in that Law.

Article 33 - Commercial interests

Information is qualified exempt information if –

(a) it constitutes a trade secret; or

(b) its disclosure would, or would be likely to, prejudice the commercial interests of a person (including the scheduled public authority holding the information).

Public Interest Test

Article 33 is a qualified exemption and as such, Health and Care Jersey (HCJ) has conducted a prejudice test as required by law. 

When responding to requests of this nature, HCJ has to balance the public interest with the impact that disclosing this information would, or would be likely to, have upon the organisation and / or third parties. 

In considering the application of this exemption, HCJ has determined that whilst it is recognised that there is a public interest in transparency about compensation claims made against Government Departments and the settlements reached, this is outweighed by the potential prejudice that would likely result for any future proceedings from disclosing this information, and the impact of this on the commercial interests of HCJ and third parties. As such, Article 33 has been applied.​