Clinical Negligence

Lord Storey Excerpts

Tuesday 3rd March 2020 Lords Chamber

Asked by

[Lord Storey]

To ask Her Majesty’s Government what assessment they have made of the costs of clinical negligence.

[Lord Bethell (Con)]

My Lords, when people are harmed under NHS care, the impact on their lives and families can be devastating. We have a clear duty to shoulder that responsibility. However, the costs of clinical negligence continue to rise every year at an unsustainable rate, eating into resources that should be available for front-line care. This is despite our substantial safety programmes. We are working across government on solutions to address this and will bring forward a publication in due course.

[Lord Storey (LD)]

My Lords, I am grateful for the Minister’s very helpful reply. He will be aware that criminal negligence claims are running at about £1.8 billion and forecast in the next few years to go to £3 billion. Is the Minister concerned that, by paying NHS defence legal costs regardless of the outcome of the claim, the Government are creating perverse incentives that reward “deny, defend, delay” behaviours by lawyers?

[Lord Bethell]

My Lords, the arrangements for clinical negligence payments are currently under review. The National Audit Office made it clear that this should be the focus of a substantial government review programme. We view the current arrangements as completely unsatisfactory, and that review will be published shortly along the terms that the noble Lord described.