Question to the Department of Health and Social Care:

To ask Her Majesty’s Government by how much the provision for clinical negligence claims against the National Health Service has grown in the last year; why it has grown; and what strategy is in place for reducing that amount.

As at 31 March 2014, the National Health Service Litigation Authority (NHS LA) estimates that it has potential liabilities of £26.1 billion, of which £25.7 billion relates to clinical negligence. This is an increase of £3.1 billion from 31 March 201, which can mainly be attributed to a continual rise in clinical negligence claims over recent years. There are a number of factors driving this increase, including the rise in the number of patients cared for and in the complexity of their care; and the general rise in litigation across a number of sectors including the NHS, driven in part by ‘no win, no fee’ agreements. It is anticipated that the effect of the latter is likely to diminish as a result of the Government’s Legal Aid Sentencing and Punishment of Offenders Act of 2012.

The Department believes the best way to reduce negligence claims is to improve patient care and safety. In March 2014, the Secretary of State for Health issued a call to action to make the NHS the safest healthcare system in the world and achieve a three-year goal to halve avoidable harm and save 6,000 lives. The Sign up to Safety campaign embodies the ambition of the NHS to build a culture of safety, bringing together individuals and organisations with a contribution to make towards the patient safety goal. Elements of this campaign will focus on a reduction in avoidable harm that can lead to compensation claims. Organisations that sign up are setting out what they will do to strengthen patient safety, including a safety improvement plan which shows how their organisation intends to save lives and reduce harm for patients over the next three years. The NHS Litigation Authority, which already provides a “safety and learning service” to trusts, will support those organisations which have patient safety improvement plans that show a likely reduction in their higher volume, higher value claims.