Clinical negligence claims against the NHS are taking longer to settle, with lawyers blaming a culture of “deny, delay and defend” for the extended wait times.
Average Settlement Time Reaches Record High
A report by the Association of Personal Injury Lawyers (APIL) reveals that NHS Resolution, the body responsible for handling clinical negligence claims, now takes over two years on average to settle cases. This represents a significant increase from 2013/14, when the average settlement time was 10 months shorter.
The rise in settlement times has drawn criticism from claimant lawyers, who argue that meaningful action to address delays would benefit the taxpayer by reducing overall costs associated with prolonged litigation.
Lawyers Call for Greater Transparency
Guy Forster, president of APIL, stated that many NHS trusts resist accountability and fail to engage meaningfully with claimants, leading to avoidable delays. He emphasized that consistent adherence to the NHS duty of candour, requiring transparency from the outset, could help expedite investigations and resolutions.
APIL is advocating for full compliance with the Pre-Action Protocol for Clinical Disputes and suggests amendments to strengthen notification requirements. While claimant lawyers acknowledge that some cases may require additional time to assess long-term injury impacts, they express concern over potential reforms that might restrict legal costs or damages without addressing systemic delays.
Forster warned that the Department of Health and Social Care is considering reforms to address NHS spending on negligence, raising fears of radical changes to the compensation system. He noted that the evidence points to patient safety as the core issue, though the claims process could still be made more efficient.
NHS Resolution Responds to Criticisms
An NHS Resolution spokesperson acknowledged the concerns raised in APIL’s report, stating that the figures highlight an important issue but do not capture the full range of factors influencing claim resolution times. These factors include the availability of medical records, expert evidence, and information from third parties.
The spokesperson added that NHS Resolution collaborates with claimant lawyers to agree on extensions where needed and supports initiatives aimed at improving early information exchange. These efforts have reportedly reduced the number of claims entering costly legal proceedings. NHS Resolution remains committed to resolving claims fairly and swiftly while ensuring compensation reaches patients and NHS resources are used responsibly.
