Clinical negligence lawyers have urged the government not to be swayed by suggestions that they are to blame for soaring costs. Sharon Allison, chair of the Society of Clinical Injury Lawyers, said policymakers should give more time to the ongoing efforts to collaborate with defence representatives, rather than rushing into a counter productive reform spree.

The government has said it will decide in the autumn whether to pursue fixed recoverable costs for lower value claims and whether to change how compensation amounts are calculated. Ministers are under pressure to address the £3.1 billion annual total payment on clinical negligence, with options including no-fault compensation, paying compensation based on the cost of NHS rather than private care, and fixed recoverable costs all being discussed.

Speaking to the Gazette at the annual SCIL conference in Birmingham last week, Allison said a number of firms had already withdrawn from running claims worth less than £25,000, leaving meritorious claimants with fewer options.

She stressed that her organisation did not dismiss concerns about the taxpayer meeting the costs of clinical negligence, but said that politicians must ensure decisions are informed by ‘evidence rather than assumption’.

‘In relation to fixed recoverable costs, the impact is disproportionate when considered against the relatively small proportion of overall clinical negligence expenditure,’ said Allison. ‘Regarding law reform, it is misguided to assume that models from other countries can be directly transplanted to the UK, given the many differences between systems, not least the comparative levels of investment in the welfare state.’

Sharon Allison

Allison: 'It is misguided to assume that models from other countries can be directly transplanted to the UK'

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Clinical negligence lawyers are frustrated that efforts to bring down costs through cooperation with NHS Resolution are not being acknowledged. Allison said the Covid protocol agreed between the organisations, featuring more flexibility on time limits and promotion of ‘positive behaviours’ in litigation, had resulted in estimated savings of £32.6m.

The scheme was updated and extended in 2024 to further discourage point-scoring and streamline how claims were handed through early communication and resolution.

Allison added: ‘SCIL and NHSR have made significant progress in our collaborative efforts. We remain committed to identifying further opportunities to streamline the claims process in the most cost-effective manner and are determined to build on this momentum. This represents a highly positive development, which deserves recognition, celebration, and continued support to achieve even greater progress.’