Source · Select Committees · Public Accounts Committee
Recommendation 4
4
Accepted
Develop a plan to reduce patient harm and manage escalating clinical negligence costs.
Recommendation
It is unacceptable that the Department is yet to develop a plan to deal with the cost of clinical negligence claims, and so much taxpayers’ money is being spent on legal fees. The Department has set aside an astounding £58.2 billion to cover the potential costs of clinical negligence events occurring prior to 1 April 2024, the second largest liability across government. Some £9.3 billion of that £58.2 billion relates to events occurring in 2023–24, when it also paid out £2.8 billion on clinical negligence claims. Behind these jaw–dropping amounts lie many tragic incidents of patient harm. The Department has only recently written to us in response to the previous Committee’s recommendation which was to set out, by summer 2024, the key reasons for patient harm and the actions it will take to address these. In addition, the Department says that an astronomical 19% of the money awarded to claimants goes to their lawyers, on top of the fees payable for the Department’s defence team. We are disappointed that huge improvements still need to be made to better protect both patients and public money. 6 recommendation Within the next 6 months, the Department should set out a plan with clear actions to: • Reduce tragic incidences of patient harm to as low a level as possible; and • Manage the costs of clinical negligence more effectively, including introducing a mechanism to reduce legal fees. • Improve patient safety across the NHS and in particular in maternity services.
Government Response Summary
The government agrees and outlines several specific actions to reduce patient harm and manage clinical negligence costs, including implementing NHS England's 3-year maternity plan. It has announced a national, independent investigation into maternity and neonatal care, expected to report by December 2025, and will establish a National Maternity and Neonatal Taskforce. It also accepted Dr. Penny Dash's nine patient safety recommendations.
Government Response
Accepted
HM Government
Accepted
The government agrees with the Committee’s recommendation. the department and its partners is taking to reduce patient harm and improve patient safety in the NHS. NHS England is now in the final year of its 3-year maternity and neonatal plan, with building a culture of safety at its centre. Actions include implementation of the Saving Babies Lives Care Bundle, rollout of a Perinatal Culture and Leadership Programme, and significant closing of workforce gaps. The department recognise though that too many women and their babies are still not receiving the level of safe maternity and neonatal care we expect. On 23 June, the Secretary of State announced a rapid, national, independent investigation into maternity and neonatal care, expected to report by December 2025. The investigation will conduct urgent reviews of up to 10 trusts where there are specific issues, and also undertake a rapid, systemic investigation into maternity and neonatal care in England. A National Maternity and Neonatal Taskforce will be established alongside this, with recommendations made informing development of a new, national action plan that will lead to rapid improvement of maternity and neonatal quality and safety. In terms of wider patient safety, on 7 July 2025, Dr Penny Dash published her review of patient safety across the health and care landscape, which included the review of into six key organisations overseen by DHSC and how they work with the wider patient safety landscape. Dr Dash made nine recommendations which the government has accepted in full. Her findings and recommendations have fed into the 10 Year Health Plan.