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NHS: Negligence

Question for Department of Health and Social Care

UIN 115554, tabled on 16 November 2020

To ask the Secretary of State for Health and Social Care, what plans the Government has to introduce fixed costs in clinical negligence cases up to £25,000 to prevent rising litigation costs within the NHS.

This answer is the replacement for a previous holding answer.

Answered on

24 November 2020

The continued rises in clinical negligence costs are eating into resources available for front-line care; this is unsustainable. This is despite our substantial safety programmes.

In 2017 the Department of Health and Social Care and the Ministry of Justice commissioned the independent Civil Justice Council (CJC) to draw up a new claims handling process for clinical negligence claims of up to £25,000, together with proposals for fixed recoverable costs for these cases.

The CJC published its report with recommendations on a new claims handling process for Clinical negligence claims up to £25,000 in October 2019. We are analysing the report closely and will consult on next steps shortly.

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