Select committee: Public Accounts Committee

Recommendation 11

64th Report - Costs of clinical negligence Published 30 Jan 2026 Addressed to HM Treasury
Recommendation (the committee's words)
The cost to health services of treating cases involving clinical negligence specifically or cases of avoidable harm to patients is unknown. The Organisation for Economic Co-operation and Development estimates that treating cases where harm was avoidable costs developed countries 8.7% of their health expenditure each year, on which basis the costs in England could run to tens of billions.18 Both the Department and NHS Resolution told us the most important thing is therefore to prevent 10 Q 97 11 Qq 61, 64, 75, 85, 100 12 C&AG’s Report, paras 1.2, 1.4 13 Fit for the future: 10 year health plan for England, July 2025 14 Q 97 15 C&AG’s Report, Figure 1 16 Q 94 17 Billions to be redirected back into patient care with NHS reform - GOV.UK; and Letter from DHSC, dated 11 December 2025 18 C&AG’s Report, para 13 11 harm from happening to patients in the first place.19 NHS England told us it is making considerable efforts around patient safety and that there is no evidence that the levels of harm are increasing.20

From: Public Accounts Committee, 64th Report - Costs of clinical negligence (HC 1234), 30 January 2026

Government response

The government responded to the whole report on 7 April 2026 (deadline 30 March 2026).

Summary written by Accountability Index from the government's response. It is not the government's own words.

The government agrees with the Committee's recommendation to set out an operational plan on clinical negligence, disagrees with others, and has some recommendations "under consideration".

  • It agrees to write to the Committee "by this Autumn" with its workplan, key milestones and likely areas of focus for reform, but "disagrees" with publishing David Lock KC's review, saying it has "no current plans" to publish a separate report.
  • It "disagrees" with estimating and tracking the costs of treating avoidable harm, stating it "would not be financially or logistically feasible", and "disagrees" with a new national data-sharing system, saying "there is already data sharing arrangements in place".
  • On maternity, it agrees with the recommendation to learn lessons. Baroness Amos has confirmed the independent investigation will publish its final report in June 2026, and a National Maternity and Neonatal Taskforce will develop a national action plan.
  • Alternative dispute mechanisms and fixed recoverable costs are "under consideration", and the government is "unable to commit" to the six-month timeframe for double recovery estimates. It will write to the Committee by Autumn 2026 on each.

Read the government's response ↗ Report an error