What percentage of medical negligence claims are successful
We are often asked by clients at the outset of their claim what the percentage chances of success are. We carefully assess and advise on individual prospects of success of each claim. NHS Resolution also publish an annual report of national statistics which also provides some guidance on the numbers of successful claims.
What is the success rate for clinical negligence claims?
The majority of clinical claims submitted to the NHS are successful. According to NHS resolution’s annual report, during the 2021/2022 period, the NHS closed 14,266 clinical claims. 7752 of those clinical claims were closed with damages, meaning of the claims closed in 2021/2022, just over 54% of the clinical claims were successful in winning compensation.
How many claims are reported each year?
The number of new clinical claims & incidents has steadily increased over the last ten years from 10,129 in 2012/2013, to 15,078 clinical claims & incidents in 2021/2022.
Impact of Covid-19
The number of clinical claims is likely to increase over the next few years due to the impact of Covid-19. The report details that due to Covid-19, there has been an increase in delays, cancellations and misdiagnosis. This has not yet proved to have caused a substantial increase in the number of claims. However, the report suggests that there is generally a time-lag in claims being lodged – averaging 3.1 years – suggesting that any major increase in claims due to Covid-19 will not be reported until 2022/2023.
How many claims involve the Court?
Whether or not a case will need to go to court depends very much on your specific facts and circumstances. However, the figures published by NHS Resolution indicate that in the 2021/2022 period 77% of claims were settled without litigation. This percentage has been increasing year on year and reflects improved collaboration between NHS Resolution and claimant solicitors.
A Focus on Maternity Care
The annual report places an emphasis on the aims of the NHS to reduce the number of maternity claims. Of the claims submitted to NHS Resolution during the 2021/2022 period 12% related to obstetric medicine. This however equated to 62% of the claim value over that period showing the cost of these types of claim to the NHS.
These facts and figures can provide an insight into clinical negligence claims, detailing a rough figure for success rates, the number of claims reported, likelihood of trial, and the value of maternity claims. However, to gain a real insight into whether your claim may be successful, Morrish Solicitors can undertake an initial review of your case free of charge.
Author: Ruth Grant, Legal Assistant, Medical Negligence
