The NHS bill for clinical negligence continues to rise each year, according to the Clinical Negligence Annual Report 2011 published by Penningtons Solicitors LLP.
In 2010, clinical negligence claims rose by more than nine per cent while the amount paid out in damages by the NHS Litigation Authority (NHSLA) increased six per cent to more than £650m. NHS trusts paid £756m in damages and costs for clinical negligence claims. The total value of obstetrics and gynaecology specialty claims reached £4.4bn in 2010, 18.7% higher than the 2009 claim value of £3.7bn. Surgery accounted for £1.8bn of claims and medicine saw claims totalling £1.4bn.
Phillipa Luscombe, Penningtons clinical negligence partner and co-author of the report, says: “It is frustrating that NHS trusts fail to learn from their mistakes. Contributions from NHS trusts towards damages and costs payments in 2009–10 were £756m with the highest from any individual trust being £13.9m. Surely it would be better for trusts and patients alike if this money was spent on improving standards of patient care rather than unsuccessfully fighting negligence claims.
“It is surprising that the NHSLA still holds out for so long in many cases before either admitting liability or entering negotiations. A full admission is often only made and a settlement negotiated just a few weeks from trial.”
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