Recent data indicates that while clinical negligence claims against the NHS have slightly decreased, they remain at historically high levels. In the 2023/24 period, NHS Resolution reported 13,784 new clinical negligence claims, a reduction from the peak of 15,078 in 2021/22.
However, this figure still represents a significant volume of claims, underscoring ongoing challenges in patient safety and risk management, according to a report by Phin.
Financially, the NHS continues to face substantial burdens due to these claims. The same report found that, in 2022/23, the NHS paid nearly £2.7 billion in clinical negligence claims, marking a 9.5% increase from the previous year. This upward trend persisted into 2023/24, with total payouts reaching £2.87 billion.
The persistent high volume of claims has significant implications for healthcare professionals, particularly those operating in the private sector. As NHS resources are strained, there is an increasing flow of patients into private healthcare. This shift is evidenced by a 7% increase in private admissions across the UK in 2023 compared to 2022, with self-pay admissions reaching their highest levels ever (according to the Phin report).
Additionally, the uptake of private medical insurance (PMI) has surged. In 2023, a record 4.7 million people were covered by PMI through their employers, the highest in over 30 years. Overall, there was a 7% increase in both individual and workplace PMI policies, according to insurance and long-term savings industry membership organisation ABI.
This expansion in private healthcare services and insurance coverage suggests that the private sector may experience a corresponding rise in clinical negligence claims. As more patients seek private treatment, the exposure to potential claims increases, necessitating robust risk management strategies.
Healthcare professionals in the private sector should proactively implement comprehensive risk mitigation measures, including:
- Staying Updated with Clinical Guidelines: Regularly reviewing and adhering to the latest clinical guidelines to ensure best practices are followed, even in more isolated private practice settings.
- Continuous Professional Development: Engaging in ongoing education to stay informed about advancements and changes in medical protocols.
- Enhanced Communication: Maintaining clear and open communication with patients and colleagues to prevent misunderstandings and errors.
- Thorough Documentation: Keeping detailed and accurate patient records to support clinical decisions and provide evidence in case of claims.
- Securing Appropriate Indemnity Arrangements: Ensuring that both providers and professionals hold robust indemnity cover that meets regulatory requirements and protects against the financial and reputational impact of litigation risks.
By adopting these strategies, private healthcare providers can work towards reducing the incidence of clinical negligence claims, thereby safeguarding patient safety and maintaining the integrity of their services.
