Bar Council. Written evidence submitted to NHS litigation reform inquiry (NLR0069). 2021. (accessed 17 November 2022)

Care Quality Commission. The state of health care and adult social care in England 2021/22. 2022. (accessed 17 November 2022)

Hempsons Solicitors. Written evidence submitted to NHS litigation reform inquiry (NLR0014). 2021. (accessed 17 November 2022)

House of Commons Committee of Public Accounts. Managing the costs of clinical negligence in hospital trusts Fifth Report of Session 2017–19. 2017. (accessed 17 November 2022)

House of Commons Health and Social Care Committee. NHS litigation reform. Thirteenth Report of Session 2021–22. 2022. (accessed 17 November 2022)

Government ‘looking carefully’ at radical clin neg proposals. 2022. (accessed 17 November 2022)

Times letters: Matthew Lee, Need for grown-up debate about the NHS. 2022. (accessed 17 November 2022)

Personal Injuries Bar Association Annual Lecture, London: Abolishing personal injuries law - a project. 2017. (accessed 17 November 2022)

The actual cost of clinical negligence in the NHS

24 November 2022
Volume 31 · Issue 21


John Tingle, Lecturer in Law, Birmingham Law School, University of Birmingham, considers the debate around reform of the system for clinical negligence claims

The debate continues about the high cost of clinical negligence claims in the NHS. The CEO of the Medical Defence Union (MDU) recently had a letter published in The Times, arguing that the government must get to grips with runaway clinical negligence costs:

‘This unsustainable situation is driven by an outdated legal system rather than deteriorating clinical standards. Legal reform is desperately needed.’

Lee, 2022

Such clarion calls for the reform of the clinical negligence system are frequently made in the media and the Medical Protection Society (MPS) and the MDU have long-standing campaigns in this area. They raise some well-reasoned arguments. The recent NHS Litigation Reform Inquiry (Health and Social Care Committee, 2022) closely considered clinical negligence reform including no-fault systems. The oral and written evidence submitted to this inquiry provides a rich and contemporary commentary on NHS litigation from both those who advocate reform and those who do not. The Government is currently looking at reform proposals and a consultation paper is promised (Hyde, 2022).

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