The Medical Defence Union (MDU) is urging the government to consult on proposals to address the cost of clinical negligence. The call was made following the publication of the MDU's annual report and accounts, in which the organisation said the current situation was 'unsustainable.'

The MDU reported that during 2023, it closed 80% of medical claims and 59% of dental claims without a payment of damages. Where cases proceeded to trial and concluded in 2023, the MDU's annual report shows that 71% were successfully defended.

Despite the organisation's successful defence rates, concerns continue about the total cost that clinical negligence litigation poses to healthcare in the UK - coupled with the wider medico-legal environment.

Last year, the MDU settled several claims where claimant costs were disproportionately high. In one case, the claimant received £1,000 while legal costs were £30,000, while another claimant received £23,000 and their legal costs were £140,000.

Dr Matthew Lee, MDU chief executive, explained:

"When a clinical negligence claim arises, it can be one of the most stressful episodes of a healthcare professional's career. The MDU supports members every step of the way, and our success rates in defending claims demonstrates this.

"However, behind these successes we can see that the entire clinical negligence system is crying out for reform. Nowhere is that more evident than in the disproportionate legal costs awarded in lower value clinical negligence claims. We regularly see legal costs eclipse the amount of compensation awarded to a patient.

"I have written to the Secretary of State for Health and Social Care, urging him to take action. Every pound the NHS pays out in a settlement for clinical negligence is a pound less that cannot be spent on innovation and improving patient care for all.

"We have been seeing a steady increase in claims costs and in 2023 we paid out the highest amount in indemnity and legal costs for over 10 years. The MDU paid out £99m for settled claims - up from £78m the previous year. This shows the substantial amounts involved in clinical negligence litigation and why reform is warranted.

"That is why the MDU has been campaigning for reform for decades. The prompt introduction of fixed recoverable costs in clinical negligence claims up to £25,000 would be a start, shortly followed by a commitment to extend that regime to claims valued up to £250,000.

"We also must see repeal of S2(4) of the Law Reform (Personal Injuries) Act 1948, requiring the courts to disregard the existence of the NHS when making a compensation award, and instead doing so on the basis of the cost of private care."

Additionally, in recognition of the difficulties healthcare professionals can experience during a medico-legal event, the MDU's annual report explains how the organisation has launched a new partnership with the independent charity Doctors in Distress. The charity now provides MDU members with access to health and wellbeing services to support positive mental health.

MDU calls on government to prioritise action on clinical negligence costs

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