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NHS Resolution has released its annual report and accounts for 2023/24. It outlines the cost of clinical negligence to the NHS.
According to NHS Resolution, NHS compensation payouts in 2023/24 amounted to £ 2.8 billion. This is an increase on the previous year’s figure of £2.6 billion.
Just over a quarter of the £2.8 billion is spent on legal costs. The rest is paid to claimants in damages.
In 2023/24 the NHS received 13,784 new clinical negligence claims.
Since 2020, the number of clinical negligence claims received has been gradually increasing, with the highest number so far coming in 2021/22
2019/20: 11,667
2020/21: 13,351
2021/22: 15,078
2022/23: 13,551
In 2023/24 the NHS received 13,784 clinical claims. This equates to more than 37 claims per day.
The NHS gets sued approximately once every 40 minutes!
In 2023/24, the percentage of clinical claims closed with damages was 52%, which is the same rate as the previous year.
According to the latest figures, the average amount of damages paid by NHS resolution in 2023/24 was £204,672. This is an average across all claim types, and the average for specific claim types will vary greatly.
According to the latest figures, 81% of claims were settled without court proceedings being issued in 2023/24. This is an increase from last year when 80% were settled without the need to go to court.
According to NHS Resolution, the estimated ‘cost of harm’ to the NHS in 2023/24 is £5.1 billion, which includes legal costs. This does not include the ‘hidden costs’ of investigating these claims. This is a reduction on the previous year’s ‘cost of harm’ figure of £6.3 billion. This is due to a decrease in the assumed future costs of care to claimants due to inflation.
Blackwater Law medical negligence solicitors acted for Mr L in a medical negligence claim in the High Court after he was misdiagnosed. The misdiagnosis meant he went on to suffer a serious stroke-causing life-limiting disability.
In 2022/23, it was reported that the total planned NHS budget was £180 billion. This means that the cost of clinical negligence takes just over 2.8% of the annual budget.
For 2023/24 the areas of the NHS which received the most claims were:
13.3% Emergency medicine
11.6% Obstetrics – Non-Early Notification
10.8% Orthopaedic surgery
5.9% General surgery
5.7% Gynaecology
4.6% Radiology
4.6% General medicine
3.7% Psychiatry/mental health
3.1% Gastroenterology
2.7% Opthalmology
1.2% Obstetrics – Early Notification
32.9% Other
The costliest area of care is obstetrics, which accounts for 12.8% of all claims, but represents 56.7% of the value in claims paid out by NHS Resolution. This equates to almost £1.6 billion just on maternity-related claims. Of the ‘cost of harm’ to the NHS, maternity issues result in 49% of the cost.
You can find the accounts and statistics on the NHS Resolution website