NHS negligence costs demand urgent action

In response to the Public Accounts Committee’s report on 'Costs of Clinical Negligence', Matthew Maxwell Scott, the Executive Director of the Association of Consumer Support Organisations (ACSO), highlighted the necessity of addressing the fundamental issues surrounding negligence within the NHS. He stated that “the committee rightly focuses its attention on negligence itself and the NHS's long struggle in tackling this. Every single incident of negligence is a person harmed, a family traumatised and a life changed, often irrevocably.” Scott emphasised that reducing harm leads to improved patient outcomes and ensures that more funds can be allocated to frontline care.

The report indicates a pressing concern, particularly within maternity services, where “a staggering 14 trusts are now under investigation because of poor safety and systemic failures.” He noted the crucial demand from claimants and their families for honest answers, stating that “what claimants and their families say more than anything else is that they want answers which the NHS is unwilling to provide, and to help prevent future harm to others.”

Scott called for immediate action from the Department for Health and Social Care, urging them to publish both David Lock KC's report and their internal reviews “as soon as possible” to facilitate an open discussion on the factors leading to negligence. He stressed the importance of tackling the issue comprehensively to lessen the impact on patients, medical professionals, and public finances.

While acknowledging that legal costs represent only a fraction of the overall issue, Scott advocated for embracing solutions that protect patient safety and justice accessibility. He remarked, “some excellent work on alternate dispute resolution including joint settlement meetings is already being done by some leading defendant and claimant firms; the positive experience of these and other models should be shared and learned from.”

Scott reflected on the long-standing government policy regarding fixed recoverable costs in lower-value cases, highlighting the stagnation despite “over a decade” of deliberation with eight health secretaries, six prime ministers, and three general elections yielding little progress. He concluded that the “Department for Health and Social Care should make its mind up and, if it is to proceed, hand over responsibility for this to the Ministry of Justice or an independent body to ensure it manages its conflicts of interest as both the guardian of patient care and of taxpayers' money.”