7 facts from the latest NHS negligence claims statistics 2023/24

By Blackwater Law

people in a hospital waiting room

NHS Resolution has released its annual report and accounts for 2023/24. It outlines the cost of clinical negligence to the NHS.

 

How much does the NHS pay out in claims?

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.

How much does the NHS get sued every year?

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

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How often does the NHS get sued?

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!

What percentage of medical negligence claims are successful?

In 2023/24, the percentage of clinical claims closed with damages was 52%, which is the same rate as the previous year.

What is the average amount of medical negligence compensation a claimant could receive?

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.

How often are claims settled in court?

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.

How much do medical negligence claims cost the NHS?

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.

How much of the NHS budget is spent on clinical negligence?

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.

Which area of the NHS has the most claims, and which is the costliest?

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

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