Last week NHS Resolution published its annual report and accounts, which sets out figures that are often looked at as indicators of the number of clinical negligence claims being brought against the NHS, and the costs.
Read the full 2024 report here – NHS Resolution annual report
The Figures
NHS Resolution deals with claims against NHS Trusts, GPs, and other providers of NHS treatment who are members of certain NHS indemnity schemes.
The figures show a slight percentage increase in the overall cost of claims this year, (which is perhaps unsurprising in the context of inflation). However, the provision for future annual cost has been slightly reduced.
In terms of the number of cases, the report indicates that “trends have remained broadly steady in 2023/24 in terms of the numbers reported and resolved”.
So, the overall picture seems to be one of relative stability in the numbers.
Categories of claim
The report also sets out the types of claims which were dealt with by NHS Resolution last year:
The top four categories of clinical claim numbers by specialty in 2023/24 were emergency medicine, obstetrics, orthopaedic surgery and general surgery. Of these, obstetric claims accounted for 13% of clinical claims reported by volume (excluding General Practice Indemnity, (GPI)) but accounted for 57% of all clinical claims by value received in 2023/24.
It is well recognised that negligent maternity care can result in babies suffering life changing injuries, such as brain injuries, which result in a lifelong need for care, hence the disproportionately high cost of these claims. Indeed, one of NHS Resolution’s key priorities is the need for collaboration to improve maternity outcomes. They refer to the various recent and ongoing investigations and reports into maternity care, including the report into issues with maternity care in East Kent, and the ongoing investigation into maternity care at Nottingham University Hospitals NHS Foundation Trust.
Focus on out of court settlements
The report indicates that 81% of claims were resolved prior to starting court proceedings, which is a 1% increase from the previous year. NHS Resolution indicates that settling cases without litigation aligns with its strategy to resolve claims fairly. Early settlement of claims reduces costs and stresses for both claimants and clinicians.
Despite this overall trend, there are still some cases where court proceedings become necessary, and a small minority where resolution is only achieved at a court trial. Last year there were 50 medical negligence cases that were litigated to trial, of which 34% resulted in an award of damages.
The report states that NHS Resolution remains focused on settling claims where appropriate:
We continue to extend our use of resolution meetings, mediation, stock takes and early neutral evaluation. These more empathetic methods of dispute resolution give us the opportunity to choose, in collaboration with the claimant, the most suitable course of action in each case, effectively addressing claimants’ concerns and achieving satisfactory resolutions.
Thoughts on the report
There has long been a focus on the high cost to the NHS arising from medical negligence claims, but the overall picture of this year’s Resolution report is that of stability, despite the fact we are still in a post pandemic period, and the acknowledged challenges which the NHS is facing.
The ongoing cost of maternity care claims is a theme. I would hope that the focus on this area will eventually result in improvements in care, as we would all like to see a reduction in the number of babies who suffer harm due to maternity service failings.
My experience as a claimant lawyer is that the vast majority of cases do reach settlement before trial, and that this is far preferable to both sides in terms of costs and the toll that court proceedings can take on claimants, who have often been living with the impact of their injuries for several years. Whilst there is focus on settlement before commencing court proceedings, I have recently seen more delays during the ‘pre-action’ part of claims, which is frustrating for clients, and so perhaps in the future NHS Resolution will look at the timescale between notification of the claim (via a Letter of Claim) and resolution.
Read the full 2024 report here – NHS Resolution annual report