Clinical negligence claims surge to almost £2.4 billion

Compensation payouts for clinical negligence claims in England increased by £137 million to almost £2.4billion in 2018-2019 according to the NHS Resolution. The total amount is made up of £1.4billion in compensation to patients and added legal costs. 

 

The report shows that the most costly claims for the NHS relate to poor maternity care with a value of £1.86billion, over half of the value of all claims received. Out of 10,678 new clinical negligence claims, 188 claims were due to severe injuries caused by poor maternity care.

 

NHS Resolution has also stated that provisions have been increased by £6.4billion to £83.4billion in 2018-2019. This will be to account for liabilities from claims that they are likely to receive in the future from incidents that have already occurred. 

 

The report said: "Overwhelmingly, the cost of clinical negligence is driven by maternity claims, which represent 10 per cent of the number of clinical claims we received in 2018-19, but half of the value of claims received and 70 per cent of the £83 billion provision reported as at 31 March 2019."

 

Chief executive of the Medical Defence Union, Dr Christine Tomkins, said: "The cost of clinical negligence claims continues to spiral out of control and should deeply concern all of us who rely on NHS services. In 2018-19, NHS Resolution paid out £2.36 billion in compensating patients through its clinical negligence schemes. This could have funded over 15  million MRI scans or 112,000 liver transplants.

 

He added: "While NHS Resolution reports that claims numbers have stabilised, it also states that compensation levels have risen by over 13 per cent. High-value claims settled often in excess of £20 million. Such sums would have been unthinkable until recently.

 

"Every example of negligence takes its toll on the patients and families involved, but the spiralling compensation being paid out puts an enormous strain on NHS funding affecting all of us, and a balance must be struck.

 

"The NHS and the care it provides is precious to us all and we must take urgent action to curb the sums being lost to front-line clinical care through out-of-control compensation payments."

 

PM Law 

Sheffield Solicitors