Vigilance essential as clinical negligence costs rise

Delays in delivering compensation for injured patients, coupled with rising social care costs, have led to a surge in the NHS's clinical negligence compensation bill, according to legal experts addressing the Public Accounts Committee (PAC). Evidence presented to the committee's inquiry highlights concerns that “Every pound spent is because of avoidable harm and suffering. Policymakers must be vigilant and not focus on the wrong targets as they seek to tackle the increasing spend,” noted Suzanne Trask, an executive committee member of the Association of Personal Injury Lawyers (APIL). She further argued that “Calls from some quarters to repeal the right to claim damages to fund private treatment for injuries are groundless. There is no evidence that victims of NHS negligence take that money and then use NHS services ‘for free’.”

Trask emphasised the detrimental effects of removing the right to claim damages, stating “Taking away those damages would force injured people to return for their treatment and care to the same, already overstretched, NHS which caused them harm in the first place.” This observation was made in the context of the rising costs associated with providing essential damages for social care, particularly for children facing life-long catastrophic birth injuries. According to Trask, “The vast proportion of the spend is on essential damages for social care for children suffering life-long catastrophic birth injuries, who have complex needs. Providing support for a brain damaged child has always been innately expensive, but the cost is rising at a far higher rate than inflation.”

The PAC's scrutiny follows a National Audit Office report focusing on legal expenses driving NHS negligence spending. Trask pointed out that “Costs for those representing patients will always be higher than the NHS’s legal costs, as claimants are the ones who must prove a case from scratch. All of the knowledge about what happened to the patient lies within the NHS.” She also highlighted the impact of delays on claims, observing that “In the last 10 years, delays in claims have ramped up the costs. Many of these delays are within the NHS Resolution’s power to resolve.” While acknowledging that reducing delays could curtail costs, she affirmed that “it must be accepted that legal costs are an inevitable consequence of ensuring injured victims of clinical negligence have access to justice.”