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NHS: Negligence

Asked by Josh Fenton-GlynnLabourDepartment of Health and Social CareTabled Answered 2 March 2026UIN 115695

The question

To ask the Secretary of State for Health and Social Care, whether (a) his Department and (b) NHS Resolution collect data distinguishing between clinical negligence claims caused by (i) individual mistakes and (ii) systemic failures.

Answered by Dr Zubir Ahmed

NHS Resolution manages clinical negligence and other claims against the National Health Service in England.

NHS Resolution does not categorise clinical negligence claims in a way that distinguishes between individual mistakes and systemic failures. However, NHS Resolution’s Safety and Learning team does analyse claims information to determine the multiple factors that have contributed to patient or staff harm, recognising the complex system within which health care is delivered. To support this work, the team is increasingly applying patient safety science methodologies such as the Systems Engineering Initiative for Patient Safety framework.

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