The NHS’s total debt related to medical negligence has reached £58.2 billion, and this figure highlights a failure on the government’s part to enhance patient safety.
The Commons Public Accounts Committee (PAC) referred to the amount paid to those affected by inadequate treatment and governmental negligence as “jaw dropping” and “unacceptable.”
The PAC has earmarked this £58.2 billion to address lawsuits linked to clinical negligence occurring in the UK before April 1, 2024.
This sum represents the second largest liability for the government, trailing only behind costs associated with nuclear decommissioning, according to a rather grim report from the committee.
“The fact that the government has to allocate hundreds of billions to cover clinical negligence suggests a systemic issue; it should raise alarm bells,” a committee member noted.
The PAC stressed that urgent action is required to tackle the “tragic rise in patient harm” and to halt a situation where lawyers take a significant share—19%—of the compensation awarded to victims. Notably, this amounted to £536 million from the £2.8 billion paid out in damages by UK Health Services in 2023-24.
“Clinical negligence continues to cause severe harm to patients, which in turn drains crucial resources from the NHS,” the report stated.
A source from the Department of Health and Social Care (DHSC) acknowledged the PAC’s findings, mentioning that the costs linked to clinical negligence claims have surged unsustainably, diminishing available resources for frontline care. They noted that annual payouts have more than doubled in the past decade, reaching £2.8 billion over the last 17 years.
The PAC was critical of the DHSC for failing to provide an explanation regarding a previous request from the Congressional Committee for a strategy aimed at improving patient safety. The DHSC indicated that they were working on their response.
The report emphasized it’s unacceptable for the department to lack a plan to tackle the financial implications of clinical negligence claims, effectively wasting taxpayer money on legal fees.
Paul White, chief executive of the Patient Safety Charity, pointed out that NHS staff have been grappling with errors, noting that the highest compensation amounts often go to families of babies who suffer lifelong disabilities due to negligence at birth.
Recent scandals in obstetric care have resulted in tragic outcomes, leaving mothers and babies either deceased or severely injured. The Care Quality Committee revealed that, in 2023, two-thirds of obstetrics units provided care that was below acceptable standards.
There’s a belief that the NHS could face fewer lawsuits if they addressed issues openly when mistakes occur, instead of closing ranks.
Many claim that legal actions arise from a lack of transparency, hindering proper investigations and meaningful apologies for mistakes, thus excluding families from being part of the inquiry process.
Jess Brown Fuller, a Liberal Democratic health spokesperson, stated that the overwhelming costs associated with NHS medical negligence reflect deeper dysfunctions within the healthcare system.
Additionally, the PAC’s analysis of the DHSC’s annual report for 2023-24 revealed expenses linked to the construction of a new containment lab in Harlow, Essex, intended to safeguard the UK from infectious diseases.
Criticism was also aimed at NHS England, along with numerous health service managers, regarding decisions that could adversely affect patients and staff, particularly in dentistry, GP services, and preventive healthcare.
Matthew Taylor, CEO of the NHS Coalition, reaffirmed the PAC’s concerns, pointing out that while many leaders recognize the need for reform, uncertainties regarding the details, pace, and effectiveness of the proposed restructuring remain troubling for staff.
A DHSC spokesperson emphasized, “Patient safety is fundamental to an effective NHS and social care system. By simplifying health regulations and oversight, this government aims to establish a framework that prioritizes patient safety while also balancing cost considerations and potential advantages of addressing clinical negligence.”
