Auditors accused of 'scare-mongering' over NHS claims

Lawyers have slated the National Audit Office (NAO) for its assessment of the cost of clinical negligence claims, branding it 'myths and scare-mongering'.

Investigating the National Health Service accounts, the NAO found that clinical negligence provision has almost doubled since 1998 from 2.3 billion to 4.4 billion last year, although the rate of growth has slowed each year.

The number of new claims rose from 2,411 in 1999-2000 to 4,115 the next year.

Auditors blamed the rise in provision mainly on the House of Lords rulings in Wells v Wells and Heil v Rankin that the value of claims must reflect the cost of future care.

David Marshall, treasurer of the Association of Personal Injury Lawyers, said the NAO did not make it clear that millions - not billions - were paid out.

'It does not explain clearly that these are essentially accountants' provisions which provide for worse-case scenarios in which every claim is paid to its full value,' he argued.

An NAO spokesman said the report clearly estimated what will be paid over 10 to 15 years.

Paula Rohan