The Increasing Rate of Clinical Negligence Claims

September 19, 2024

It has been reported that the increasing rate of clinical negligence claims is indicative of the poor state of the NHS in England and that maternity services contribute to the majority of clinical negligence costs.

Lord Darzi’s report identified that the NHS is in ‘serious trouble’ with public satisfaction at its lowest level, noting that health inequalities identified as the driver of this will require further examination.

The report identifies that the NHS is in a ‘critical condition’, however it has strong ‘vital signs’. However, the report remains optimistic identifying that the NHS has strength in its depth of clinical talent and that re-engaging and re-empowering staff and patients will be critical to NHS growth and productivity. The report notes that there is a vast array of good practice within the NHS and that this will be the foundation for reform.

The report also found that the number of formal complaints raised about NHS services has nearly doubled in little over a decade, though it is recognised that awareness of the complaints procedure has also risen, enabling people to raise their concerns.

Quality of Care & Maternity

In respect of quality of care, Lord Darzi found that once people are in the healthcare system, they receive high-quality care, but there are concerns, such as in maternity care, where there have been a succession of scandals and inquiries. The concern regarding maternity care is reflected in the costs of claims that have been rising across all specialities, but increasingly so in maternity over the past two decades, amounting to around £1 billion in 2023-24.  Overall, the report identifies that quality of care within the NHS is mixed, with ‘much work to be done’, and particularly in the maternity and newborn sector, the identified struggles.

Patient Engagement

In Lord Darzi’s summary letter attaching the government commission report, he stated that a “familiar theme in inquiries into care failings has been patients’ concerns not being heard or acted upon”.

Therefore, the lack of engagement does little in reducing the increased number of complaints or the rate of clinical negligence claims, and steps taken to re-engage patients are welcomed.

If you are concerned about maternity or any other medical related care that you or a member of your family has received, please contact our experienced team on 0116 254 7456 or email: enquiries@moosaduke.com. You can also enquire online by clicking here.