A medical defence organisation has written to the health secretary demanding urgent action to address the cost of clinical negligence to the NHS.
The Medical Defence Union (MDU) said it continues to have concerns about the total cost that clinical negligence litigation poses to healthcare in the UK.
The organisation has seen a ‘steady increase’ in claims costs, and in 2023 it paid out the highest amount in indemnity and legal costs for over 10 years.
The MDU paid out £99m for settled claims, up from £78m the previous year, and settled several claims where claimant costs were ‘disproportionately high’, it said.
In one case, the claimant received £1,000 while legal costs were £30,000 while another claimant received £23,000 and their legal costs were £140,000, according to the organisation’s annual report.
It comes after NHS Resolution reported that the cost of settling NHS clinical negligence claims continued to increase last year, from £2.7bn to £2.8bn.
Of this, £149m were paid out to settle claims against GPs in 2023/24, an increase of £9m from the previous year.
MDU chief executive Dr Matthew Lee said he has written to Wes Streeting urging him ‘to take action’, as every pound the NHS pays out in a settlement for clinical negligence is ‘a pound less that cannot be spent on innovation and improving patient care for all’.
The MDU said it has been campaigning for reform ‘for decades’, demanding:
- Introduction of fixed recoverable costs in clinical negligence claims up to £25,000 followed by a commitment to extend that regime to claims valued up to £250,000;
- Repeal of S2(4) of the Law Reform (Personal Injuries) Act 1948, requiring the courts to disregard the existence of the NHS when making a compensation award, and instead doing so on the basis of the cost of private care.
The MDU reported that last year, it closed 80% of medical claims without a payment of damages. Where cases proceeded to trial and concluded, the MDU’s annual report shows that 71% were successfully defended.
Despite these defence rates, concerns continue about the total costs, the organisation said.
Dr Lee said: ‘We can see that the entire clinical negligence system is crying out for reform. Nowhere is that more evident than in the disproportionate legal costs awarded in lower value clinical negligence claims.
‘We regularly see legal costs eclipse the amount of compensation awarded to a patient. I have written to the Secretary of State for Health and Social Care, urging him to take action.
‘Every pound the NHS pays out in a settlement for clinical negligence is a pound less that cannot be spent on innovation and improving patient care for all.
‘We have been seeing a steady increase in claims costs and in 2023 we paid out the highest amount in indemnity and legal costs for over 10 years.
‘The MDU paid out £99m for settled claims – up from £78m the previous year. This shows the substantial amounts involved in clinical negligence litigation and why reform is warranted.’
Earlier this year, plans to introduce fixed recoverable costs and a new process for some clinical negligence claims were delayed by the previous Government.
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Use more ARRS staff and more newly qualified GPs and it will sort itself out I’m sure.
Its not just government that has the power to tax everyday life, the legal profession effectively does too. Where is much of this money going? Into the pockets of a sub-section of the legal “profession”. I’ve always found it difficult to get my head around the idea that in our democracy where law is effectively written on behalf of , for the benefit of and, it follows, is basically owned by “ the people” (via parliament), we have to pay scribes to access it. They write it down, they set the fees ..we have to pay. It shouldn’t be like that. Reform the legal profession? You can seemingly reform almost everybody else (Police, teachers, doctors, transport, science, universities, the military) but the legal people? Oooh that’s tricky and the bill will be enormous, simply massive. That”” explain the persistence of wigs then
Copy new zealand. End of story. Patient don’t bother suing anyone there !
Absolutely needs addressing. Totally agree just copy NZ. This sueing mentality has so many hidden costs as well which takes away from actually doing the job. Totally ridiculous that payouts are based on Private Costs but NHS expected to step in, double accounting in any other walk of life.
As for ambulance chasing lawyers, parasites who are the antithesis of the profession they are feeding off! Am aware that there are exceptions in both professions! Sooner this is addressed the better!