NHS: Negligence
(asked on 19th May 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 cost of lawyers to the public purse in medical negligence cases in each of the last three years for which figures are available.
NHS Resolution (NHSR) manages clinical negligence and other claims against the National Health Service in England. The following table shows the payments made for clinical negligence claims from 2021/22 to 2023/24:
| Financial year payment raised | NHS defendant legal costs | Claimant legal costs | Total legal costs | Compensation | Total payments including legal costs and compensation |
| 2021/22 | £156,935,099 | £470,094,066 | £627,029,165 | £1,777,234,356 | £2,404,263,521 |
| 2022/23 | £159,982,259 | £489,706,081 | £649,688,340 | £1,985,073,662 | £2,634,762,002 |
| 2023/24 | £166,889,578 | £545,140,258 | £712,029,836 | £2,112,384,509 | £2,824,414,344 |
Notes:
- The data for 2024/25 is not yet finalised; and
- annual payments for clinical negligence claims can relate to incidents which occurred many years ago, and so payments for one claim can occur over multiple years, including interim amounts paid before settlement, payments upon settlement, and annual periodic payments for some matters settled in previous years.
The rising costs of clinical negligence claims against the NHS 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.
The causes of the overall cost rise are complex and there is no single fix, as costs are likely to be rising because of a range of factors, including higher compensation payments and legal costs, rather than more claims or a decline in patient safety.
We recognise that this is an important issue, and ministers intend to look at all the drivers of cost.