The NHS’s total liabilities for medical negligence have reached an “astounding” £58.2bn, according to a damning report from the Commons public accounts committee (PAC). The sum is the second-largest liability across the whole of government, second only to nuclear decommissioning costs.
The PAC described the figure as “jaw-dropping” and criticised government inaction to reduce errors. The Department of Health and Social Care (DHSC) has set aside the amount to settle lawsuits from clinical negligence in England before April 2024.
Sir Geoffrey Clifton-Brown, PAC chair, said the situation should “give our entire society pause” and reflects a system “struggling to do right by the people it is designed to help.” The committee urged ministers to reduce “tragic incidences of patient harm” and to address lawyers taking 19% of compensation, which amounted to £536m of the £2.8bn paid out in 2023-24.
A DHSC source accepted the findings, noting that annual cash payments have more than doubled in ten years and quadrupled in 17 years to £2.8bn. The PAC criticised the department for failing to explain why patient harm occurs or devise a patient safety strategy, despite a previous request.
Paul Whiteing, chief executive of Action Against Medical Accidents, said lawsuits arise from errors across all care areas, with the largest sums awarded for birth negligence leading to lifelong disabilities. He added that fewer lawsuits would occur if the NHS was more open about mistakes.
The report also revealed that the cost of new high containment labs in Harlow, Essex, has spiralled from £530m to £3.2bn, and criticised the government for not detailing the impact of abolishing NHS England and cutting health service managers.
