NHS Resolution (NHSR) has released its annual report for 2023 / 2024.  The report sets out headline figures relating to the number of medical negligence claims received and the compensation that NHSR has paid or expects to pay to patients who have been injured by medical negligence to settle those claims.  It essentially outlines the cost of medical negligence to the NHS.

In 2023/24, the cost of settling medical negligence claims increased to £2.8bn from £2.7bn the previous year.  Half of those costs were associated with poor maternity care.  While allegations of negligence in obstetrics accounted for 13% of clinical claims not involving general practice, they resulted in 57% of the overall value of NHS payouts.

NHSR’s Early Notification (EN) scheme was launched in 2017 to support the government’s National Maternity Safety Ambition to halve the number of maternal and neonatal deaths and the number of babies who suffer brain injuries at birth by 2025. The EN scheme requires all NHS Trusts which provide maternity services to report to NHSR every time a baby is born with a serious brain injury and is designed to investigate potential eligibility for financial compensation and take proactive action to reduce legal costs and “improve the experience for the family” – meeting needs in real time where possible.

Despite NHSR’s claims that that the EN Scheme would make a difference, the annual report provides no data relating to how many families have received financial support or earlier interim payments as a direct result of the Scheme, compared with those who instructed independent solicitors to pursue their claim in the usual way.

Further – considering the NHSR Annual Report statistics – it looks unlikely that the number of maternal and neonatal deaths and the number of babies who suffer brain injuries will be halved by next year.

The continued rise in maternity claims made against the NHS and the “cost” of such claims is a stark reminder that things do not seem to be improving and it is clear that the balance needs urgently addressing.

The news is not all negative.  The headline statistics about the increasing numbers and cost of medical negligence claims deflects attention away from the positives that can be taken from the report:

• Of the £2.8bn cost of settling medical negligence claims, just over ¼ of that was spent on legal costs – the rest is paid to those injured by way of compensation.

• In 2022 / 2023 it was reported that the total planned NHS Budget was £180bn.  This means that the cost of medical negligence is just over 2.8% of the annual budget.

• 8 out of 10 medical negligence claims were resolved without Court Proceedings.

• Only 50 cases went to a trial and 17 of those resulted in compensation being received.

• The average amount of compensation paid in 2023 / 2024 was £204,672.  This is an average across all claim types and the average for specific claim types will vary greatly.

We recognise that no amount of money can change the effects of medical negligence, but a compensation claim can allow you to receive an explanation and answers about the care you received and to seek accountability. 

Our team of legal experts will take the time to listen to you and will discuss and deal with your claim in a sensitive, empathetic and supportive way to achieve the best possible outcome for you.

If you have concerns about the medical care received by you or a loved one, please contact us for a no-obligation conversation.