NHS: Negligence

Department of Health and Social Care written question – answered at on 16 May 2025.

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Photo of Helen Maguire Helen Maguire Liberal Democrat Spokesperson (Defence)

To ask the Secretary of State for Health and Social Care, what data is held by NHS Resolution on the breakdown of Claimant costs in clinical negligence claims under £25,000.

Photo of Helen Maguire Helen Maguire Liberal Democrat Spokesperson (Defence)

To ask the Secretary of State for Health and Social Care, how much of the Claimant’s costs paid by the NHS in all clinical negligence claims under £25,000 in 2023-24 were (a) legal costs, (b) disbursements and (c) VAT.

Photo of Helen Maguire Helen Maguire Liberal Democrat Spokesperson (Defence)

To ask the Secretary of State for Health and Social Care, how much of the Claimant’s legal costs paid by the NHS in all clinical negligence claims under £25,000 in 2023-24 were expert fees.

Photo of Ashley Dalton Ashley Dalton The Parliamentary Under-Secretary for Health and Social Care

NHS Resolution (NHSR) manages clinical negligence and other claims against the national Health Service in England. The following table shows the total legal costs paid for claimants due to clinical negligence claims closed in the financial year 2023/24, where damages were paid up to £25,000:

Damages tranche

Claimant legal costs paid by NHSR

£1 to £1,500

£2,422,432

£1,501 to £25,000

£94,364,395

Total

£96,786,827

Claims closed in 2023/24 will often have been settled in previous years, as costs can take some time to finalise after an agreement on damages. NHSR does not record a breakdown of claimant legal costs between profit costs and disbursements in its claims management system. It also does not record a breakdown for expert fees.

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