The government's liability for clinical negligence has quadrupled in real terms since 2006-07, reaching a staggering £60bn in 2024-25, according to a damning report from the Public Accounts Committee.
MPs Excoriate Health Department and NHS England
In a scathing report published on Friday, the influential cross-party committee excoriated the Department of Health and Social Care and NHS England for allowing the cost of medical errors to balloon to £3.6bn a year. The MPs highlighted that these bodies have failed to take any meaningful action to address the problem in England, despite four PAC reports dating back to 2002 advising them to do so.
Decades of Warnings Ignored
Geoffrey Clifton-Brown, the chair of the committee, expressed disbelief at the ongoing inaction. "It feels impossible to accept that, despite two decades' worth of warnings, we still appear to be worlds away from government or the NHS engaging with the underlying causes of this issue," he said. He cited unacceptable stasis in maternity care as a prime example, where persistent harm to patients continues to escalate costs.
Reports have been published since 2015 into maternity scandals in Morecambe Bay, East Kent, and Shrewsbury and Telford, with another inquiry ongoing into childbirth care in Nottingham. Last year, acute concerns prompted Health Secretary Wes Streeting to order an inquiry led by Valerie Amos into maternity care across the NHS in England.
Impact on Patients and Frontline Care
The PAC found that the £3.6bn cost of medical negligence is diverting crucial funds away from frontline NHS care. Clifton-Brown described the situation as "a swelling accounting of profound suffering," noting that each case can represent unspeakable devastation for victims. The overall picture is of a system struggling to keep patients safe from avoidable harm.
Evidence collected during the inquiry showed the NHS is overwhelmed by recommendations from various bodies aimed at improving patient safety. Key findings include:
- Lawsuits involving brain-damaged babies can take up to 12 years to settle.
- Some patients resort to legal action because hospitals refuse to disclose what went wrong with their care.
- The NHS's complaints system is described as confusing and unresponsive.
Political Criticism and Global Context
Helen Morgan, the Liberal Democrats' health spokesperson, labelled the costs as "mind-boggling" and a symptom of an NHS neglected and mismanaged for too long. She criticised both the Conservatives for pushing the NHS to the brink and Labour for removing ringfenced funding for maternity care improvements, calling the decision nonsensical.
Globally, a report published on Thursday ranked the UK 21st out of 38 OECD countries for patient safety, with poor scores for neonatal deaths and surgical complications. Deaths among people with severe mental illnesses were highlighted as a major concern worldwide.
Calls for Reform and Government Response
The PAC urged the NHS to be more open with patients and apologise sooner when errors occur, which could reduce claims and costs. It also recommended overhauling the complaints system to create a more compassionate approach that saves money.
A DHSC spokesperson defended the government's actions, stating: "We have taken rapid action to strengthen patient safety – overhauling the Care Quality Commission, rolling out Martha's rule and Jess's rule, and introducing hospital league tables. We are determined to make the NHS the safest in the world." However, the committee's report underscores a persistent gap between promises and tangible progress, leaving patients at risk and taxpayers footing an ever-growing bill.
