Clinical negligence costs likely to double by 2023

According to a new study by the Medical Protection Society (MPS), the yearly cost to the NHS in England of settling clinical negligence claims is expected to double by 2023.

The annual cost is the equivalent to training 6,500 doctors, the report shows.

The MPS has warned that further increases in the £1.5 billion bill will threaten the sustainability of the NHS and divert large amounts of funding away from those at the forefront of patient care.

The report says: “At a time when the NHS is facing tough financial pressures and must make difficult decisions about how it allocates its limited and precious resources, there is an urgent need to review NHS spending on compensation for clinical negligence and legal fees.”

The study, The Rising Costs of Clinical Negligence: Who Pays the Price?, said reasonable compensation for those harmed as a result of medical error is acceptable, but that compensation has to balanced against society’s ability to afford it.

The MPS proposes introducing legal reforms that it trusts could reduce spiralling bills, including: limit care costs being based on a tariff agreed by experts; using national average weekly earnings rather than individual patient earnings to calculate damages; introducing a 10-year limit on claims; and putting a cap on the number of experts in each case.

Emma Hallinan, director of claims at the MPS, said: “It is important that there is reasonable compensation for patients harmed following clinical negligence, but a balance must be struck against society’s ability to pay. If the current trend continues the balance will tip too far and the cost risks becoming unsustainable for the NHS and ultimately for society.

“This is without doubt a difficult debate to have, but difficult decisions are made about spending in healthcare every day and we have reached a point where the amount society pays for clinical negligence must be one of them.”