NHS Resolution faces rising clinical claims

The NHS Resolution's annual report for 2025/26 highlights a worrying trend in clinical negligence claims, revealing a dramatic increase in both the number of claims and the associated financial costs. A total of 15,236 new clinical claims were filed, representing a 5.6% increase from the previous year’s 14,428 claims. This upward trajectory may be correlated with heightened NHS activity as healthcare services strive to cope with growing demand. Despite this surge, NHS Resolution has achieved notable success in keeping 84% of claims out of formal court proceedings, demonstrating a commitment to reducing litigation and enhancing the claimant experience.

Open engagement with the National Audit Office (NAO) and the Public Accounts Committee (PAC) has been instrumental in addressing the financial implications of clinical negligence. The NAO and PAC have acknowledged NHS Resolution's persistent efforts to mitigate the financial and emotional toll of clinical negligence by resolving claims more quickly and without litigation whenever possible. The organisation aims to work closely with government officials to address the broader challenges highlighted in the reports and support initiatives led by David Lock KC aimed at reforming the system.

Further reflecting the ongoing complexities of healthcare cases, the Practitioner Performance Advice service received 1,576 new and reopened requests for case advice, marking an 11% increase compared to the previous year. The service’s caseload at the end of the financial year escalated to 1,242 cases, signalling the growing intricacies healthcare professionals face in their practice. Similarly, trends of increasing case volume and complexity were evident in the Primary Care Appeals service.

NHS Resolution resolved 11,841 clinical claims in 2025/26, a decrease of 11% compared to the prior year, and closed 10,047 clinical claims for compensation, which reflected a decrease of 30%. These declines are partly attributed to the transition to CaseHub, which has temporarily affected the management of claims. Throughout these transitions, the focus remained steadfast on minimising impacts for patients and their families.

The report also shed light on the escalating costs associated with clinical negligence claims, soaring to £3.24 billion in 2025/26, with projections for future claims surpassing £60 billion. Steven Davies, Head of Legal Services at Medical Protection Society (MPS), voiced concerns regarding the sustainability of such staggering payouts amid the pressures the NHS currently faces. He stated, “At a time when the NHS faces immense pressure to improve patient care and modernise services, it is right to question whether the staggering sums paid out on NHS clinical negligence claims - £3.2bn in 2025/2026 - are sustainable”.

Davies emphasised that the current system is “costly, inequitable and in need of urgent reform”, advocating for necessary changes to address high legal costs whilst ensuring fair compensation for patients remains affordable for the NHS. Furthermore, he pointed out how private practitioners, who lack protection from a state-backed indemnity scheme, are adversely affected by the burdensome costs of clinical negligence.

As the landscape of clinical negligence continues to evolve, NHS Resolution is committed to delivering on its strategic priorities while navigating the challenges presented, ensuring patient safety and care remain at the forefront of their efforts