Clinical negligence claims rose 9.2% in 2009/10, says claimant law firm

Clinical negligence claims notified to the NHS Litigation Authority (NHSLA) rose by 9.2% in 2009/10, a report by London and South East law firm Penningtons has said.

In its Clinical Negligence Annual Report 2011, the firm added that:

• The annual number of clinical negligence claims notified to the NHSLA has risen by 18.8% over the last five years – from 5,609 in 2005 to 6,652 in 2010.
• Payments made by the NHSLA in 2010 for damages rose to £650.9m, up 6%
• Total legal costs (claimant and defence) represented 20% of the total costs paid out by the NHSLA to settle claims for clinical negligence in 2009-2010. This is a slight increase on the figure of 18.9% for 2008-2009 but still below the 26.6% recorded for 2007-2008
• Surgery, obstetrics and gynaecology, and medicine were the three clinical specialties that attracted the highest numbers of reported Clinical Negligence Scheme for Trusts (CNST) claims in 2010, accounting for 39%, 20% and17.8% of claims respectively
• The total value of reported CNST obstetrics & gynaecology specialty claims reached £4.4bn in 2010, 18.7% higher than the 2009 claim value of £3.7bn. These claims continue to have the highest average value
• The NHSLA currently has provisions for clinical negligence claims totalling £15.07bn, up from £13.7bn at 31 March 2009
• Contributions from NHS trusts towards damages and costs payments in 2009-2010 were £756m. The highest from an individual trust was £13.9m.

Penningtons, which acts for claimants, also cited allegations by charity Action against Medical Accidents (AvMA) that more than 200 NHS organisations had ignored orders from the National Patient Safety Association to improve the safety of treatment.

Phillipa Luscombe, a partner at the firm  and co-author of the report, said: "Given that almost half of claims (43%) between 1997 and 2010 resulted in an out-of-court settlement, it is surprising that the NHSLA still holds out for so long in many cases before either admitting liability or entering negotiations. A full admission is often only made and a settlement negotiated just a few weeks from trial."