The Health and Social Care Committee of MPs has launched an inquiry into NHS litigation reform.
The committee will consider the case against a background of a “significant” increase in costs, and concerns that the clinical negligence process fails to do enough to encourage lessons being learnt which promote future patient safety.
The committee quoted figures which show that in 2020/21 £2.26bn was spent from the NHS budget to settle claims and pay legal costs arising from clinical negligence claims.
A further £7.9bn was spent on compensation from claims settled in previous years, meaning that more than £10bn was spent on clinical negligence claims which could have been spent on patient care.
The committee highlighted that the total potential liabilities arising from all negligence claims made up to the end of 2020/21 was £82.8bn, increasing by about £5.7bn every year.
The committee will continue to accept evidence until 20 October 2021.
Dr Rob Hendry, medical director at the Medical Protection Society (MPS), welcomed the inquiry’s launch, adding it was important there was reasonable compensation for patients harmed following negligence.
“But a balance must be struck. When the cost of clinical negligence increases, the cost of professional protection must also increase to reflect this – and we recognise the pressure this places on private clinicians,” he said.
Call for legal reforms
Hendry called for a package of legal reforms to be introduced to control “spiralling” costs and to help strike a balance between compensation that was reasonable, but also affordable.
“We also need to make continual improvements in patient safety to prevent adverse incidents, and get to the heart of what patients hope to achieve through litigation,” he continued.
“While some may seek financial redress, others want an apology or to ensure the same thing doesn’t happen again – and the committee is right to examine whether the current system facilitates this open, learning culture.
“The government committed to publishing a strategy to tackle rising clinical negligence costs in September 2018, and while we recognise it currently has more pressing priorities, we must not lose sight of this. We hope this inquiry will help to keep the issue high on the agenda.”
