MDDUS responds to the Public Accounts Committee's report on the cost of clinical negligence

Commenting on the Public Accounts Committee’s report on the costs of clinical negligence, Chris Kenny, chief executive at MDDUS, said:

“This report underlines the urgent need for the government to tackle the scale of clinical negligence costs in England and Wales. We welcome the Public Accounts Committee’s call for faster action, including the rapid publication of the Lock review, which we understand has been with ministers for several weeks and, crucially, a specific and deliverable action plan.

“That plan needs to be as focused on improving patient safety as it is on driving excessive costs and unfounded claims out of the system. Without progress in both these areas, costs will continue to rise for the NHS without delivering better outcomes for patients or healthcare professionals.

“It’s vital that the Government begin with clear legislative reform, including repeal of Section 2(4) of the Law Reform (Personal Injuries) Act 1948 and the introduction of a Fixed Recoverable Costs regime.

“We’re now approaching ten years since a Fixed Recoverable Costs regime was first proposed. At a minimum, the £25,000 threshold should be raised for inflation over that period, with an automatic inflation ratchet built in to control these rising costs. As the report shows, claims with damages of £25,000 or less in 2024-25 cost far more in fees than victims received.

“Without decisive action from the Government now, the clinical negligence system will remain unsustainable for everyone it’s meant to protect.”

ENDS

The Medical and Dental Defence Union of Scotland (MDDUS) is a mutual organisation that protects the professional interests 70,000 doctors and dentists across the United Kingdom, offering access to indemnity, support and legal advice.

For further information please contact Alison Hardie, Head of Public Affairs and Strategic Communications on ahardie@mddus.com