NHS: Negligence
(asked on 13th May 2026) - View Source
Question to the Department of Health and Social Care:
To ask His Majesty's Government what assessment they have made of the cost of clinical negligence claims to the NHS in each of the last five years.
NHS Resolution manages clinical negligence and other claims against the National Health Service in England. The following table shows the total payments made for clinical claims between the 2020/21 and 2024/25 financial years, broken down by the financial year of the payment, and including damages, NHS legal costs, and claimant legal costs paid in each financial year, with payments relating to both claims that were open and claims that were closed at the end of each financial year:
Payment year | Damages paid (£) | NHS legal costs claimant legal costs (£) Paid Paid | Total paid (£) | |
2020/21 | 1,588,102,133 | 149,749,000 | 432,938,719 | 2,170,789,852 |
2021/22 | 1,777,234,356 | 157,107,445 | 470,094,066 | 2,404,435,867 |
2022/23 | 1,985,073,662 | 160,435,228 | 489,671,081 | 2,635,179,970 |
2023/24 | 2,109,097,365 | 170,246,668 | 544,775,008 | 2,824,119,042 |
2024/25 | 2,279,114,229 | 178,503,154 | 621,078,773 | 3,078,696,155 |
The rising costs of clinical negligence claims against the NHS in England are of great concern to the Government. Costs have more than doubled in the last 10 years and are forecast to continue rising, putting further pressure on NHS finances.
David Lock KC is providing expert policy advice on the rising costs of clinical negligence and how we can improve patients’ experience of claims. The review is ongoing, following initial advice to ministers. No decisions on policy have been taken at this point, and the Government will provide an update on the work done and next steps in due course.