Fletchers comments on the Public Accounts Committee report: The Costs of Clinical Negligence

The Public Accounts Committee (PAC) has today published a detailed report examining the cost of clinical negligence in England, including why liabilities and settlement costs have risen significantly over time, the impact on NHS resources, and the systemic factors that drive claims. The report also highlights the importance of patient safety, early resolution and coordinated action to reduce avoidable harm and manage long-term costs more effectively.

Fletchers’ key takeaways

• Collaboration is moving in the right direction – Increased partnership working and a stronger focus on earlier, less adversarial resolution is helping more families reach settlement sooner while keeping legal costs proportionate.

• Patient safety is the underlying issue – Preventing avoidable harm is the most effective way to protect patients and reduce long-term financial and societal costs.

• Prevention must remain the priority – Behind every claim is a family whose life has been permanently changed. Sustainable improvement comes from reducing the incidence of avoidable harm at its source.

Fletchers’ response

Commenting on the publication of the report, Peter Haden, Chief Executive of Fletchers, said:

“We welcome the Public Accounts Committee’s focus on both the human and financial impact of clinical negligence and its recognition of the progress being made through more collaborative approaches to resolving claims.

“As the National Audit Office noted in its report last year, the real-terms cost of clinical negligence has reduced by around 9% since its peak in 2017, with costs falling year on year in recent years. This progress has been largely driven by the approaches NHS Resolution and specialist firms like Fletchers have pioneered to continually improve and advance earlier, less adversarial resolution for families, helping keep legal costs proportionate.

“The report is also clear that preventing avoidable harm remains the most effective way to protect patients and reduce long-term costs, particularly in high-risk areas such as maternity services where sustained systemic improvement is critical.

“Behind every statistic in this report is a patient or family whose life has been permanently changed. Each year we work with thousands of families navigating the aftermath of serious medical injury, and what they want most is clarity, accountability and the ability to rebuild their lives without years of uncertainty.

“While overall liabilities remain high, collaborative resolution and earlier settlement are moving in the right direction. This is particularly evident in lower-value claims. Our evidence to the PAC shows that, for claims valued under £25,000, legal costs have fallen in real terms since their peak, with claimant legal costs reducing by around a third over the same period.

“Even so, we remain committed to working constructively with NHS Resolution, government and like-minded organisations to build on that progress — because improving patient safety, reducing avoidable harm and ensuring victims are treated fairly must go hand in hand.”

Fletchers remains committed to supporting families affected by serious medical injury while working with partners across the sector to improve safety and reduce avoidable harm.

You read the full report here.