Source · Select Committees · Public Accounts Committee
Recommendation 20
20
Acknowledged
NHS clinical negligence costs significantly exceed international comparators, lacking litigation trend data.
Conclusion
The Department recognised that each incidence of clinical negligence is a tragedy for an individual and their families.31 They also come with a monetary cost to the taxpayer, in compensation payments for pain suffered and the impact on people’s everyday lives. The Department sets money aside in its accounts which it can use to fund compensation payments in the event of clinical negligence. The Department recognises a financial liability for potential future payments of compensation. These are reported in the accounts of NHS Resolution and consolidated into the Departmental Group accounts.32 In 2022– 23, NHS Resolution paid £2.6 billion in cash to claimants.33 The cost of clinical negligence to the NHS in England relative to the population served is significantly higher than those of similar health and social care systems. The cost of clinical negligence in 2018–19 was higher than the combined cost of clinical negligence in the health and social care systems of Australia, Canada, New Zealand, and Sweden.34 The Department, alongside NHS England, recognised that getting patient safety right and reducing the number of incidents leading to clinical negligence claims, is a big objective. We asked the Department whether, in terms of the NHS as a whole, the number of litigation claims was going up or down. It did not know the answer to this question and committed to providing a response after the session.35
Government Response Summary
The government agrees with the committee's observations on clinical negligence and patient safety. It commits to prioritising continuous improvement in patient safety and will write to the committee later in 2024 to detail actions being taken with partners to reduce harm and improve outcomes.
Government Response
Acknowledged
HM Government
Acknowledged
4.1 The government agrees with the Committee’s recommendation. Target implementation date: end of 2024 4.2 Multiple, complex and interrelated factors lead to patient harm during the provision of healthcare. These include: • Organisational factors such as staffing levels, shift patterns and education and training provision; • task factors such as the complexity of medical interventions, processes and procedures; • technological and tools-related factors such as the availability of health information systems, equipment, medication and diagnostics; • environmental factors such as the physical estate, its layout and maintenance; • person-related patient-related factors including fatigue, familiarity, clinical knowledge and experience; • external factors including demand and financial pressures. Problems normally arise in systems due to the complex interplay of these factors. 4.3 The department will prioritise the continuous improvement of patient safety so that the NHS treats people with the high-quality and safe care that they deserve. Repeated inquiries and investigations have highlighted significant issues with patient safety, and the department is clear in its ambition to restore public confidence. 4.4 The department will write to the new Committee later in 2024 to set out the actions it is taking with NHS England and other system partners to reduce patient harm and advance patient safety in the NHS and improve outcomes for patients and the taxpayer.