NHS: Negligence
The question
To ask the Secretary of State for Health and Social Care, what assessment he has made of the potential impact of the length of time medical malpractice legal proceedings take to complete on (a) families and (b) staff.
Answered by Dr Zubir Ahmed
NHS Resolution handles claims for compensation against National Health Service providers of healthcare and has a strategic priority to keep patients and healthcare staff out of litigation to minimise distress. To achieve this, NHS Resolution deploys a range of dispute resolution techniques including mediation, resolution meetings, and early neutral evaluation, and aims to resolve claims promptly and fairly. As a result, the percentage of cases resolving without litigation has continued to increase, reaching 83% of clinical claims in 2024/25. Each case must be, however, considered on its own merits in line with the prevailing law with appropriate investigation into legal liability and the amount of compensation due. Court involvement remains necessary for those who lack capacity and may also be required to determine points of law or where there is conflicting evidence.
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