Rising number of medical negligence claims in the UK

In 2023-24, the highest value of clinical negligence claims were paid out at an incredible sum of £2.82 billion, according to NHS Resolution data.

This is the latest period for which we have data, but there is a concern amongst experts that the value and number of payouts may continue to rise.

Not only does this place additional financial stress on the healthcare system, but more importantly for patients and their families these stats represent life changing events.

As a team that regularly works closely with patients and their families, the growth in medical negligence claims is a real concern and provides us with the impetus to protect clients’ rights and ensure access to justice.

The growing challenge

If we look deeper into the NHS Resolution data for 2023-24, we can see that the scale of the clinical negligence claims is a real issue.

It found that:

• 13,784 new claims were reported, up from 13,511 the previous year.
• The NHS now carries a liability of £58.2 billion for unresolved and projected claims.
• 81 per cent of claims were resolved without going to court, showing the importance of early settlement and alternative dispute resolution.

This information is not just about rising claims thought, the surge in the value of claims also points to their complexity, as does the trend towards settlement by the NHS, as they attempt to minimise their costs.

This can especially be true in catastrophic injury cases, such as birth injuries that result in lifetime care needs and higher value settlements.

What is driving the rise in clinical negligence claims?

We all know that working in the NHS can be a challenging environment, especially with the financial pressures the organisation faces, which places a strain on its ability to resource departments and specialisms.

However, there is a wider web of issues that many feel are driving this increase in claims:

• Systemic pressure – The NHS continues to face chronic staff shortages, underfunding and rising patient demand, which inevitably increases the risk of mistakes.
• High-risk specialisms – Areas such as maternity, radiology and gastroenterology are particularly affected, according to the data.
• Greater awareness – Patients today are more informed about their rights and with specialist legal support more accessible, they are more likely to pursue a claim.
• Rising costs – Claims involving lifelong injuries or care needs carry substantial compensation amounts, significantly adding to the overall financial impact.

Many of these factors combined point to the rise in claims in recent years and they aren’t likely to become any less relevant any time soon. 

What does this mean for patients?

For those affected, bringing a medical negligence claim can feel daunting, especially when it may dictate the quality of life for the person receiving compensation.

Many clients come to us already feeling let down by the health service and anxious about navigating what can be a complex process. That is why it is so important that legal support is clear, empathetic and proactive.

We ensure our clients fully understand their rights, the process ahead and the likely outcomes.

We pride ourselves on combining legal expertise with a personal, compassionate approach.

For us, it is about more than securing compensation, it is about restoring a sense of justice and helping clients rebuild their lives. For help with a medical negligence claim, please contact us at enquiries@attwaters.co.uk or 0330 221 8855