Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, pursuant to the Answer of 4 March 2026 to Question 118132, what assessment he has made of the reasons for the increase in number of clinical negligence claims made against the NHS since 2006-07.

The rising costs of clinical negligence claims against the National Health Service in England are of great concern to the Government. Costs have more than doubled in the last 10 years and are forecast to continue rising, putting further pressure on NHS finances.

Although forecasts remain uncertain, it is likely that, without action to address it, the costs of clinical negligence will continue to grow substantially. The Government Actuary’s Department forecasts that annual payments for compensation and legal costs will increase from £3 billion in 2024/25 to £4.1 billion by 2029/30.

Between 2006/7 and 2024/25, the total volume of claims settled by NHS Resolution increased from 5,923 to 13,329. In 2025, the National Audit Office’s Costs of clinical negligence report stated that "settled claim volumes for hospital activity under CNST have remained relatively stable since 2016-17. Recent increases in clinical negligence claims are largely due to the introduction of two new indemnity schemes in 2019 covering both current and historic claims in primary medical services”.

As announced in the 10-Year Health Plan for England, David Lock KC is providing expert policy advice on the rising costs of clinical negligence and how we can improve patients’ experience of claims. The review is ongoing, following initial advice to ministers and the recent National Audit Office’s report. No decisions on policy have been taken at this point, and the Government will provide an update on the work done and next steps in due course.