National trends and cost of litigation in UK National Health Service (NHS): a specialty-specific analysis from the past decade

Abstract

Background and aims Medical litigation claim and costs in UK are rising. This study aims to analyse the 10-year trend in litigation costs for individual clinical specialties in the UK from 2009/10 to 2018/19. Methods Data were procured from National Health Service (NHS) Resolution. Number of claims, total litigation costs and cost per claim were ascertained for each financial year. The data collected also includes the number of claims and average amount per claim per speciality during the years 2009–2019 (2009/2010 to 2018/2019 financial years). Results The total annual cost of NHS litigation is currently £3.6 billion(2018/2019). Damages make up the greatest proportion of costs(£1.5 billion). Surgical specialties have the greatest number of claims annually(2847) but Obstetrics has the greatest total litigation(£1.9 billion) and cost per claim(£2.6 million). Number of claims, total costs and cost per claim are significantly greater in 2018/2019 than in 2009/2010. Conclusions Addressing the issue of litigations is complex. Medically there are speciality specific issues that require attention, whilst some general measures are common to all: effective communication, setting realistic targets and maintaining a motivated, adequately staffed workforce. These, alongside legal reforms, may reduce the financial burden of increasing litigation on the NHS.

Trends and Developments in Medical Liability Claims in The Netherlands

“…It is remarkable that, despite the decreased number of claims filed and a stable number of claims closed, the costs of malpractice claims increased rapidly, showing the same increasing trend as in the U.K and U.S.A. [ 2 , 3 ]. Total costs of claims quadrupled in the Netherlands between 2007 (EUR 9,029,850) and 2021 (EUR 40,938,960).…”

“…European physicians, insurance companies and policy makers fear a similar increase in number and costs related to medical malpractice claims in Europe. A recent published overview of national trends and costs of litigation in the United Kingdom’s National Health Service seems to confirm this [ 3 ]. Annual claim costs in the United Kingdom have quadrupled since 2006 and ran up to GBP 3.6 billion in 2018/2019.…”

“…Based on these data, beside specific risk factors for injury and malpractice claims per medical specialty, certain general factors are described that might contribute to the risk of malpractice claims. For example, a catastrophic healthcare outcome after treatment, ineffective doctor–patient communication (and a lack of informed consent) and setting unrealistic treatment targets and expectations [ 3 ].…”

Consent for functional endoscopic sinus surgery: are we complying with the law?

“…Litigation in NHS hospitals has also significantly increased over the last decade. 16 A total of 727 NHS ENT clinical negligence claims were made between April 2013 and April 2018. 14 Of these, around 15 per cent were related to the consent process, amounting to approximately £17 342 685, at a mean cost per claim of £162 081.…”

Impact of System and Diagnostic Errors on Medical Litigation Outcomes: Machine Learning-Based Prediction Models

“…Medical litigation claims and costs resulting from medical errors and malpractice have increased over the past decade and have a negative impact on the health economics of both patients and medical staff [1][2][3]. Given the negative impacts of litigation on healthcare, the risk of medical litigation must be minimized for medical staff, litigation associates, and patient safety.…”