NHS compensation claims hinge on negligence

The recent report by the National Audit Office (NAO) highlights alarming increases in the cost of compensating individuals injured due to NHS negligence. Responding to these findings, the Association of Personal Injury Lawyers (APIL) has pointed out that the recommendations for managing these costs overlook critical factors related to patient safety and the genuine causes of escalating legal expenses.

Suzanne Trask, an APIL executive committee member, stated, “There are several reasons why the NHS’s compensation bill has increased, none of which are the fault of injured patients or their representatives.” She details how the report concentrates on rising claimant legal costs, thereby neglecting to address the substantial delays affecting claims processing. With APIL’s assessment of data from NHS Resolution revealing that the average time from claim notification to settlement has increased by 51 per cent over the past decade, Ms Trask points out, “NHSR itself admits that the longer the cases run for, the higher the costs. Most delays are clearly within its own control.”

Furthermore, Ms Trask challenged the perception that injured claimants misuse compensation funds for private treatment while subsequently relying on NHS services. She noted that 64 per cent of those injured within the NHS would experience trauma returning to their place of suffering for further treatment. The NAO's findings indicate that the majority of increased spending on clinical negligence claims is directed toward damages awarded to 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. She further elaborated on the challenges facing the system, stating, “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. Looking after the needs of people who have been harmed is inherently expensive.”

Ms Trask concluded by emphasising the overarching issue of patient safety, pointing out 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.” As such, the conversation surrounding clinical negligence claims must broaden to incorporate these fundamental issues rather than merely focusing on cost management initiatives.