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National trends and cost of litigation in UK National Health Service (NHS): a specialty-specific analysis from the past decade

National trends and cost of litigation in UK National Health Service (NHS): a specialty-specific analysis from the past decade
National trends and cost of litigation in UK National Health Service (NHS): a specialty-specific analysis from the past decade

Background and aims: Medical litigation claim and costs in UK are rising. This study aims to analyse the 10-year trend in litigation costs for individual clinical specialties in the UK from 2009/10 to 2018/19. 

Methods: Data were procured from National Health Service (NHS) Resolution. Number of claims, total litigation costs and cost per claim were ascertained for each financial year. The data collected also includes the number of claims and average amount per claim per speciality during the years 2009–2019 (2009/2010 to 2018/2019 financial years). 

Results: The total annual cost of NHS litigation is currently £3.6 billion(2018/2019). Damages make up the greatest proportion of costs(£1.5 billion). Surgical specialties have the greatest number of claims annually(2847) but Obstetrics has the greatest total litigation(£1.9 billion) and cost per claim(£2.6 million). Number of claims, total costs and cost per claim are significantly greater in 2018/2019 than in 2009/2010. 

Conclusions: Addressing the issue of litigations is complex. Medically there are speciality specific issues that require attention, whilst some general measures are common to all: effective communication, setting realistic targets and maintaining a motivated, adequately staffed workforce. These, alongside legal reforms, may reduce the financial burden of increasing litigation on the NHS.

Litigation, Medical law reform, medical litigation crisis, NHS budget
0036-9330
168-174
Lane, Jenni
4eb0767e-2c72-4056-8782-aca62a322a8e
Bhome, Rahul
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Somani, Bhaskar
ab5fd1ce-02df-4b88-b25e-8ece396335d9
Lane, Jenni
4eb0767e-2c72-4056-8782-aca62a322a8e
Bhome, Rahul
d7b1e0d3-5925-460a-871d-5f52f69c649b
Somani, Bhaskar
ab5fd1ce-02df-4b88-b25e-8ece396335d9

Lane, Jenni, Bhome, Rahul and Somani, Bhaskar (2021) National trends and cost of litigation in UK National Health Service (NHS): a specialty-specific analysis from the past decade. Scottish Medical Journal, 66 (4), 168-174. (doi:10.1177/00369330211052627).

Record type: Article

Abstract

Background and aims: Medical litigation claim and costs in UK are rising. This study aims to analyse the 10-year trend in litigation costs for individual clinical specialties in the UK from 2009/10 to 2018/19. 

Methods: Data were procured from National Health Service (NHS) Resolution. Number of claims, total litigation costs and cost per claim were ascertained for each financial year. The data collected also includes the number of claims and average amount per claim per speciality during the years 2009–2019 (2009/2010 to 2018/2019 financial years). 

Results: The total annual cost of NHS litigation is currently £3.6 billion(2018/2019). Damages make up the greatest proportion of costs(£1.5 billion). Surgical specialties have the greatest number of claims annually(2847) but Obstetrics has the greatest total litigation(£1.9 billion) and cost per claim(£2.6 million). Number of claims, total costs and cost per claim are significantly greater in 2018/2019 than in 2009/2010. 

Conclusions: Addressing the issue of litigations is complex. Medically there are speciality specific issues that require attention, whilst some general measures are common to all: effective communication, setting realistic targets and maintaining a motivated, adequately staffed workforce. These, alongside legal reforms, may reduce the financial burden of increasing litigation on the NHS.

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Published date: 6 November 2021
Additional Information: Funding Information: The author(s) received no financial support for the research, authorship and/or publication of this article. Publisher Copyright: © The Author(s) 2021. Copyright: Copyright 2021 Elsevier B.V., All rights reserved.
Keywords: Litigation, Medical law reform, medical litigation crisis, NHS budget

Identifiers

Local EPrints ID: 457157
URI: http://eprints.soton.ac.uk/id/eprint/457157
ISSN: 0036-9330
PURE UUID: da06b55b-cf95-4f29-82b7-865fef7daf67
ORCID for Rahul Bhome: ORCID iD orcid.org/0000-0001-7143-4939

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Date deposited: 25 May 2022 16:38
Last modified: 06 Jun 2024 01:51

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Contributors

Author: Jenni Lane
Author: Rahul Bhome ORCID iD
Author: Bhaskar Somani

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