Rise in the number and cost of clinical negligence claims

Rise in the number and cost of clinical negligence claims

In the 2021/2022 financial year, the number of clinical negligence claims and the cost of resolving them increased by comparison to the 2020/2021 financial year.

The number of claims and reported incidents rose by around 1,700, to 15,078, up 13%, driven largely by an increase in the number of claims arising out of care provided by GPs. The number of claims and reported incidents involving care provided by hospital trusts fell, continuing a trend over the previous two financial years.

Overall, NHS Resolution paid out a total of £2.459bn for damages and costs, an increase of 8.8% on the previous year. Claims relating to obstetrics or maternity care accounted for more than 60% of that figure, but represents only around 12% of the number of claims in England. This reflects the high cost of those claims, which often involve an initial lump-sum damages payment followed by subsequent periodical payments, by comparison to claims in other medical disciplines.

A record 77% of claims against the NHS were resolved without the need for Court proceedings, emphasising the impact of alternative dispute resolution on medical negligence claims, including mediation.

NHS Resolution increased provision for future claims heavily, from £85.2bn to £128.6bn. The overriding reason for this is the reduction in HM Treasury long-term discount rates, which affect the cost of future care.

The overall trends for clinical negligence claims point to further increases in both the number and cost of such claims in the future.

Clinical negligence claims are frequently complex, and it is important that anyone considering such a claim seeks advice at the earliest opportunity.

If you believe you have a claim for clinical negligence and wish to find out more or discuss your individual requirements in further detail, our Client Relations Team will be on hand to help, and can arrange an appointment with one of our specialist Clinical Negligence Claims team. Please contact our Client Relations Team on 01603 693500 or email us using the 'Make an enquiry' form.

We can carry out telephone or video appointments, reducing the need for face-to-face meetings in accordance with social distancing guidelines. Face-to-face meetings are available by appointment only at our Norwich, North Walsham, and Sheringham offices.