The Medical Defence Union (MDU) is calling for the new government to focus on the unsustainable cost of clinical negligence claims and to prioritise proposals for legal reform following the publication of NHS Resolution's (NHSR) Annual report for 2023/24.
The report found that in 2023/24 NHS Resolution, the body responsible for clinical negligence claims against GPs and hospitals in England, paid out over £2.8 billion in compensation and associated legal costs to patients. This rose by 3.7% from the almost £2.7 billion paid out to settle claims in 2022/23 and the nearly £2.5 billion which was paid in 2021/22.
The MDU has called for these figures to spur the new government into action to reform the system under which unsustainable amounts are paid out in compensation.
Dr Michael Devlin, MDU head of professional standards and liaison, commented: "It is extremely concerning that the costs being paid out in clinical negligence claims continue to rise each year. This is money that could be invested into NHS services for the benefit of all patients.”
The report also highlighted an increase of 3% (from 10,567 in 2022/23 to 10,834 in 2023/24) in CNST claims and incidents reported to NHSR. The number of notified Clinical Negligence Scheme for General Practice (CNSGP) claims also increased from 2,180 in 2022/23 to 2,382 in 2023/24. However, the report also noted that 10,854 clinical claims were resolved without the need for court proceedings.
Dr Devlin continued: "Unfortunately, the increase in damages being paid to patients each year, can in large part be traced back to a legal system that is no longer fit for purpose – including a law from 1948 which means that personal injury defendants must disregard the availability of NHS care when paying compensation. This means that public bodies like NHS Resolution have to fund private care, so billions of pounds from NHS funds goes to the independent sector.
“Indeed, there have been numerous promises by previous governments to address unsustainable clinical negligence costs. However, with a new government turning its attention to health policy, now is the ideal time for them to finally address the issue of clinical negligence reform. The MDU is ready and eager to work with the government to help shape a positive agenda for change.”
