Lawyers for clinical negligence victims allege that record waiting times for settlement reflect the continuing failings of NHS trusts and their legal teams.

A new report by the Association of Personal Injury Lawyers highlights the fact that, on average, it now takes NHS Resolution, the body which oversees incoming cases, more than two years to settle claims. This is 10 months longer than the wait for settlement in 2013/14.

Claimant clinical negligence fees have been closely scrutinised by politicians in recent years over concerns about soaring costs. But lawyers point out that a key factor in this increase is the time being taken to resolve cases, adding that meaningful action to address delays would ultimately benefit the taxpayer.

Guy Forster, president of APIL, said: ‘Members tell us that, despite growing efforts to promote the spirit of collaboration to resolve claims, the approach of ”deny, delay and defend” happens in far too many clinical negligence cases. Too often, patients and families face long and avoidable delays because some trusts resist accountability, meaningful engagement comes late, and answers are not provided when they should be.’

He added that consistent adherence to the NHS duty of candour would help cut delays. When trusts are open and transparent from the outset, said claims can be investigated and resolved more efficiently, said Forster.

APIL is calling for full compliance, by all parties, with the Pre-Action Protocol for Clinical Disputes and amendments to the protocol to bolster the letter of notification requirements. Claimant lawyers accept that in some cases there may be good reasons to wait longer, such as taking time to see how an injury evolves before assessing long-term needs. But there is also concern about potential reforms which restrict legal costs or damages, without addressing the impact of delays.

Forster added: ‘With the Department of Health and Social Care considering its next steps on addressing NHS spending on negligence, there is a threat of detrimental, radical reform to the compensation system coming down the line. The evidence in APIL’s report shows that the answer always comes back to better patient safety, but the claims process could in some ways still be more efficient.’

An NHS Resolution spokesperson said that while APIL’s figures highlight an important issue, they do not reflect the full range of factors that can affect how long a clinical negligence claim takes to resolve. Progress often depends on the availability of medical records, expert evidence and information from third parties, including evidence required from claimant representatives to assess the value of a claim.’

They added: ‘NHS Resolution works collaboratively with claimant lawyers, including agreeing market protocol to agree extensions to limitation where claimants need more time and supporting initiatives to improve the early exchange of information. This has substantially driven down the rate of claims entering costly and distressing legal proceedings. We remain committed to resolving claims fairly and as quickly as possible, while ensuring patients receive the compensation they are due and NHS resources are used responsibly.’