Recommendations for managing the cost of clinical negligence claims sidestep the bigger picture on patient safety and the real drivers of legal costs, lawyers for injured patients say.
The Association of Personal Injury Lawyers (APIL) has responded to a National Audit Office (NAO) report which outlines significant increases in the cost of compensating injured victims of NHS negligence.
“There are several reasons why the NHS’s compensation bill has increased, none of which are the fault of injured patients or their representatives,” said APIL executive committee member Suzanne Trask.
“The NAO has made much in its report of increases in claimant legal costs, while glossing over the fact that this has been propelled by a significant increase in delays to claims,” said Ms Trask.
APIL’s analysis of data from the NHS’s litigation arm, NHS Resolution (NHSR) shows that the average time between claim notification and settlement increased by 51 per cent in the decade to 2024.
“NHSR itself admits that the longer the cases run for, the higher the costs1. Most delays are clearly within its own control,” Ms Trask said.
“It also glosses over the fact there is no evidence at all that injured claimants are taking compensation intended to fund private treatment and then using NHS services. In fact, public polling shows that 64 per cent of those harmed by the NHS would be traumatised if they had to return to the place which harmed them, the NHS, for treatment2”.
The NAO reports that the greatest proportion of increased spending on clinical negligence claims relates to damages paid to injured patients.
“This money is to support people with life-long catastrophic injuries, including children who have suffered avoidable brain damage at birth. More than half of damages pay for social care, which is essential. Many people need help with their most basic day-to-day needs, like eating, bathing, and going to the toilet,” Ms Trask explained.
“The cost of providing care has risen exponentially due to broader economic factors, including the provision of carers. Specialist equipment is also getting more costly, and at a far greater rate of inflation than items in the average shopping basket,” Ms Trask explained. “Looking after the needs of people who have been harmed is inherently expensive”.
“It cannot be overlooked that the rate of avoidable harm in the NHS has also increased. The bigger picture here is the human cost. Negligence and suffering are at the root of every penny spent on trying to put it right,” she said.