Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, what recent assessment he has made of the effect of section 2(4) of the Law Reform (Personal Injuries) Act 1948 on the annual cost of clinical negligence claims against NHS England.

The costs of clinical negligence have been rising over several years at an unsustainable rate, eating into resources available for frontline care. This is despite our substantial safety programmes.

The Department is working with the Ministry of Justice, other Government departments and NHS Resolution, looking at a wide range of options to address the drivers of cost of clinical negligence claims, which includes the effect of section 2(4) of the Law Reform (Personal Injuries) Act 1948. This is a complex issue and the work is ongoing. We will update the House in due course.