Posted by Daniel Brito, managing director of Legal Futures Associate National Claims [1]
Brito: Clients deserve better
Medical negligence claims have become one of the most pressing challenges facing the healthcare and legal landscape. For practitioners, the rising volume and cost of claims are reshaping the way cases are funded, managed and resolved.
As much as the NHS is a much-loved national treasure, it is under unprecedented pressure. From underfunded services to rising patient demand, delays and, as a result, errors in care are an inevitable consequence of a system stretched too thin.
For legal professionals, this crisis isn’t just an abstract debate about healthcare policy; it translates directly into the lived experiences of clients who have suffered avoidable harm and now face a complex claims process. Often, this is during hugely challenging times that affect their overall health and wellbeing.
At National Claims we see this reality daily. As a sector, it’s time we stepped up: to safeguard claimants’ rights, to help them access justice quickly, and to restore faith in the system.
The growing challenge of NHS medical negligence
Medical negligence claims in the UK are rising in both number and complexity. Delays in diagnosis, missed referrals, surgical errors and failures in maternity care are no longer isolated incidents; they are regular outcomes of a stretched service.
This is NHS medical negligence in real terms: systemic strain with life-changing consequences, and it is something legal professionals cannot afford to ignore.
Official statistics underline the scale of the problem:
- In 2023-24, the NHS paid out £2.82bn to settle clinical negligence claims; the highest total ever recorded.
- NHS Resolution reported 13,784 new claims in the same year, up from 13,511 the year before.
- As of April 2024, the NHS carried a £58.2bn liability for unresolved and projected negligence claims.
- Encouragingly, 81% of claims were resolved without court proceedings, reflecting the role of early settlement and alternative dispute resolution (ADR) in this sector.
These figures tell two stories at once: patients are rightly holding providers to account when standards slip, and the system is straining under the financial weight of compensation.
The reasons behind this growth are complex, but several themes recur:
- Systemic strain: Hospitals and GP practices face chronic staffing shortages and stretched budgets, making mistakes more likely.
- High-risk areas: Maternity, radiology, and gastroenterology are driving much of the increase. Radiology claims alone rose by 376% between 2006-07 and 2020-21, with costs soaring from £5.7m to over £70m.
- Awareness and access: Patients today are more aware of their rights, and specialist medical negligence solicitors have made it easier to bring NHS compensation claims.
- Long-term costs: Catastrophic injury cases, particularly involving birth injury, involve lifetime care needs, leading to very high-value settlements.
As much as the landscape is changing, for many, pursuing an NHS compensation claim is often daunting. They may already feel let down by the health service, while also dealing with long-term or permanent outcomes. If the legal process then feels slow or opaque, it risks compounding the trauma.
This is where the clinical negligence claims sector must show leadership. Clients deserve better. At National Claims we prioritise and champion:
- Transparency – clear explanations of their rights and next steps.
- Efficiency – faster qualification and smoother evidence collection.
- Empathy – recognition of the personal toll behind every case.
For clinical negligence solicitors, delivering this standard requires a blend of expertise and innovation, thinking outside the box to find practical solutions, with the client’s best outcome always front of mind.
A call to the sector
The NHS crisis will not resolve overnight. In fact, pressure on services may worsen before they improve. That’s why the legal profession must adapt now:
- Invest in robust case qualification processes that minimise client disappointment.
- Leverage technology to accelerate claims without sacrificing quality.
- Share best practice across firms to raise standards in medical malpractice UK cases.
When we deliver better, clients benefit, but so too does the integrity of our profession.
The rise in medical negligence claims is not simply about money, it is about patients harmed by avoidable mistakes, and a healthcare system struggling to keep up. For clinical negligence solicitors and claims specialists, the task is twofold: to fight for justice for clients, and to engage constructively with reforms that balance access to justice with the sustainability of the NHS.
As payouts rise above £2.8bn a year and liabilities exceed £58bn, the intersection of healthcare, law and policy will remain a central challenge. What is clear is that clients deserve better – from the NHS, from the claims process, and from all of us involved in ensuring their voices are heard.