Recommendation 4

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.