NHS Resolution reports success with fewer negligence cases going to court

Written by Chris Salmon Share:

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NHS Resolution has reported in its latest Annual Report and Accounts for 2023/24 that a record 81% of clinical negligence claims were resolved without litigation. This development is part of an ongoing effort to save costs and reduce the emotional burden on patients, families, and healthcare staff of actually going to court.

Focus on Alternative Dispute Resolution

The report, presented to Parliament, highlights NHS Resolution’s use of innovative dispute resolution methods. By prioritising alternatives to court proceedings, the organisation has successfully resolved over 10,800 medical negligence claims. NHS Resolution argue that these methods have proven effective in minimising the distress and financial costs typically associated with court cases.

Leadership’s Perspective

Sally Cheshire, Chair of NHS Resolution, and Helen Vernon, CEO, underscored the importance of this approach. In their introduction to the report, they highlight that the organisation’s strategy focuses on ensuring that no case goes to court unless absolutely necessary. Cheshire and Vernon argue that this approach not only saves costs but also provides opportunities for learning and safety improvements within the NHS:

"We can provide a unique perspective, informed by independent expert clinical opinion and the patient’s own report of what has caused them harm and how that was handled. We need to do all that we can to prevent the same things happening again to future patients."

Early Notification Scheme

One key innovation in the report is the Early Notification (EN) scheme for birth injuries.

The EN scheme has enabled families to access compensation for immediate needs more rapidly, offering early interim payments that make a significant difference during critical times. NHS Resolution has worked closely with families and their legal representatives to improve the scheme.

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Birth injury compensation claims

Financial Overview

The recent report also detailed the financial aspects of NHS Resolution’s work. In 2023/24, the organisation paid out over £2.8 billion in compensation and associated costs across all indemnity schemes.

Despite the rising cost of handling medical negligence claims, NHS Resolution argues that the emphasis on resolving claims without litigation has contributed to a more efficient use of public funds.

Strategic Priorities and Future Plans

NHS Resolution’s strategic priorities include delivering fair resolution, sharing data and insights, collaborating to improve maternity outcomes, and investing in people and systems. As the organisation moves into the final year of its three-year strategy, it aims to build on these achievements and continue providing valuable support and feedback to the NHS.

What does this mean for medical negligence claimants?

For claimants, these developments should mean a more streamlined and less adversarial process for resolving claims against the NHS. The focus on alternative dispute resolution can help avoid the lengthy and stressful experience of court proceedings, potentially leading to quicker settlements and less emotional strain.

While the organisation’s efforts in alternative dispute resolution appear to offer a more efficient and less stressful process, it remains essential that claimants have good quality legal representation. To consistently deliver fair outcomes for all claimants, specialist solicitors must be involved.

As NHS Resolution continues its work, ongoing evaluation will be essential to ensure that patients and their families receive the just and timely compensation they need.

Read more:

How to claim compensation for medical negligence

Chris Salmon, Director

Author:
Chris Salmon, Director