Health Services: Negligence

(asked on 9th December 2025) - View Source

Question to the Department of Health and Social Care:

To ask His Majesty's Government what assessment they have made of the current cost pressures in clinical negligence claims valued up to £25,000, and what plans they have for further engagement with the Civil Procedure Rule Committee on options to manage these pressures.


Answered by
Baroness Merron Portrait
Baroness Merron
Parliamentary Under-Secretary (Department of Health and Social Care)
This question was answered on 18th December 2025

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.

As announced in the 10-Year Health Plan for England, David Lock KC is providing expert policy advice on the rising legal 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 (NAO) report, The costs of clinical negligence, which was published on 17 October 2025.

The NAO found that in 2024/25, there was a 3.7 to one ratio of legal costs to damages payable for low-value claims, those of £25,000 or less. The report can be viewed on the NAO’s website.

We welcome the report by the NAO. The results of David Lock’s work will inform future policy making in this area. 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.

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