Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, if he will make an assessment of the potential merits of introducing a system of fixed recoverable costs in clinical negligence claims.

The rising costs of clinical negligence claims against the National Health Service in England are of great concern to the Government. Costs have more than quadrupled in the last 17 years and are forecast to continue rising, putting further pressure on NHS finances.

Over recent years, the NHS in England has taken significant steps forward in addressing this issue. NHS Resolution, which manages claims against the NHS in England, has implemented the Early Notification scheme to improve maternity safety and support families in a cohort of maternity claims, and has made significant improvements in claim resolution, through greater use of alternative dispute resolution and mediation, across all claims.

The causes of the overall cost rise are complex and there is no single fix, as costs are likely rising because of a range of factors, including higher compensation payments and legal costs, rather than more claims or a decline in patient safety.

We recognise that this is an important issue, and ministers intend to look at all the drivers of cost, how to manage spending on clinical negligence, and the potential merits of the reform options.