The NHS's total liabilities for medical negligence have reached a record £58.2bn, prompting MPs to label the sum 'jaw-dropping' and criticise government inaction on patient safety. The Commons public accounts committee (PAC) said the Department of Health and Social Care (DHSC) has set aside this amount to settle lawsuits for clinical negligence in England before April 2024, making it the second-largest government liability after nuclear decommissioning.
The PAC report urged ministers to reduce 'tragic incidences of patient harm' and address the fact that lawyers take 19% of compensation awarded to successful claimants, amounting to £536m of the £2.8bn paid out in damages in 2023-24. The committee described the legal fees as 'astronomical' and warned that such costs drain vital NHS funds.
A DHSC source acknowledged the findings, stating that annual cash payments for negligence 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 recommendation to do so by summer 2023.
Paul Whiteing, chief executive of Action Against Medical Accidents, noted that the largest payouts often involve babies left with lifelong disabilities due to birth negligence. He argued that fewer lawsuits would arise if the NHS were more open about mistakes, offering apologies and involving families in investigations. The PAC also highlighted the spiralling cost of new high containment labs in Harlow, Essex, from £530m to £3.2bn, and criticised the government for not clarifying the impact of abolishing NHS England.
