Not sure whether to pursue an NHS negligence claim?
Perhaps a few promising statistics might help to persuade you.
Every year, NHS Resolution – an arm’s-length body of the Department of Health and Social Care – oversees thousands of clinical negligence claims on behalf of the NHS. In July, the organisation published its annual report for 2023/24.
This sets out each of their four strategic priorities – including claim resolution, insights, maternity outcomes and investing in people and systems – and details its performance and accountability against each over the last 12-month period.
It’s a hefty 100 page document. But here we provide a brief overview of some of the key highlights. The positive take-home messages, which we think are pertinent to our existing clients or anyone who is currently considering starting a clinical negligence claim.
NHS Resolution claims
A few positive points to take from this year’s report.
1. Most claims were resolved outside the courtroom
Many people are hesitant to make a clinical negligence claim as they don’t want the stress or hassle of going to court – which is completely understandable. However, you shouldn’t let these concerns put you off seeking compensation. The reality is, court cases are extremely rare.
NHS Resolution always focuses on achieving a fair and timely resolution, whilst keeping people out of formal legal processes wherever possible. Ultimately, the goal is to minimise both distress for the claimant and costs. And over the last year, the organisation has demonstrated its commitment to taking a ‘positive, less adversarial and more collaborative’ approach.
According to the report, a record 81% of claims were resolved in 2023/24 without resorting to legal proceedings – continuing a trend seen over the last 7 years. And over 10,800 claims (the highest number ever) were actually resolved using alternative dispute resolution processes.
This included the use of resolution meetings, mediation and ‘stock take’ discussions.
Generally, it’s only the most severe and complex of cases – such as extremely serious instances of medical negligence or life-changing or fatal injuries – that make it to the courtroom.
2. Over half of claims were settled with compensation
The number of NHS negligence claims resolved in 2023/24 decreased slightly – compared to 2022/23 – from 13,552 to 13,382. However, as the portfolio of cases varies significantly from year to year, some fluctuation is to be expected. And crucially, of the claims that were resolved, an impressive 52% resulted in the payment of damages (compared to 51% the year before).
In other words, more than half of claimants received compensation.
This is a highly promising statistic, which reflects the organisation’s continued commitment to delivering fair outcomes – and ensuring people get the financial justice they deserve.
3. The average compensation has risen
Of course, the exact amount of clinical negligence compensation awarded varies greatly from case to case and will depend on many factors – including the type and severity of the injury, the circumstances under which it was obtained, recovery time, your subsequent quality of life etc.
However, it’s still encouraging to learn that in the last year, the overall value of damages – particularly for the most severely harmed patients – has continued to increase. With NHS Resolution paying over £2.8 billion in compensation (compared to £2.6 billion in 2022/23).
What’s more, the average amount of compensation in 2023/24 was £204,672.
This is an average across all claim types. The average for specific cases can range from around £1000 up to several million. But again, these figures indicate that NHS Resolution is paying damages when it’s right to do so. And with a specialist clinical negligence solicitor on your side, it’s possible to achieve a fair and appropriate level of compensation.
Ready to start your clinical negligence claim?
Far too many people miss out on their rightful compensation due to uncertainty regarding the NHS Resolution claims process and the likelihood of their claim being successful. But it’s important to do so.
No amount of money will turn back the clocks or make up for the suffering experienced. But it could aid your recovery and get your life back to where it was beforehand. Plus, it can help to shine a light on safety issues and prompt action to prevent it from happening again.
The statistics in this latest report are certainly very reassuring. At the very least, they demonstrate the NHS Resolution’s commitment to reaching a fast and fair resolution.
Here at St Helens Law, we’re always on hand to offer our support. If you’re still unsure whether you should make an NHS negligence claim, or would like to know more about the process, why not arrange to speak to a member of our team?
Our solicitors will be glad to vet your case to establish whether it’s worth pursuing. Following your free no-obligation consultation, we can advise on both your eligibility to make a claim and – should you decide to go ahead – the chances of it being a success.
Established in 2001, our firm is experienced and knowledgeable in this specialist area of the law. We have a comprehensive team of insurers, medical experts and barristers at our disposal, with the right skills and expertise for all types of accidents and injuries. Plus a fantastic record of success, with most cases reaching a satisfactory outcome during the initial negotiation stage.
To book a time and date for your consultation, simply give us a call on 01744 742360. Or if you prefer, pop a few details into our online form and we’ll respond as soon as possible.