MDU urges government not to back track on clinical negligence reform
The Medical Defence Union (MDU) has called on the government to press ahead with long promised reforms aimed at controlling the costs of clinical negligence cases.
In written evidence to the House of Commons public accounts committee into NHS financial sustainability the MDU explains that the government must introduce legal reforms to the current clinical negligence system if it wants to protect NHS finances from further erosion.
NHS Resolution’s Annual Report and Accounts for 2023-24 highlights that the cost of clinical negligence now stands at 1.7% of the NHS budget, or £2.9 billion per annum.
Dr Mike Devlin, MDU head of professional standards and liaison said:
“Getting to grips with the reforms needed to overhaul the flawed clinical negligence system should be top of the government’s list when looking to restore the NHS to financial sustainability.
“We have suggested a package of reforms including the introduction of fixed recoverable costs in lower value cases and a change in the law that currently allows claims to be valued on the basis care will be provided in the private sector rather than the NHS.
“The introduction of fixed recoverable costs for claims valued up to £25,000 was due to be in place by now and we are dismayed that this reform seems to have stalled yet again. The previous government believed that the implementation of such a scheme would result in a saving of approximately £454 million over a ten-year period.
“The MDU continues to see disproportionate legal costs in cases against our members. In 2023, average claimant legal costs in MDU cases were more than £20,000 for claims settled up to £5,000, and more than £37,000 for claims settled between £5,000 and £10,000. For claims settled between £10,000 and £25,000, average claimant costs were more than £50,000.
“With the renewed focus on NHS finances, now is the time for the government to come forward with a package of reforms to address the clinical negligence system as whole.”