The Dental Defence Union (DDU) is urging the government to consult on proposals to address the cost of clinical negligence. The call was made following the publication of DDU parent company, the MDU’s annual report and accounts, in which the organisation said the current situation was ‘unsustainable.’
The DDU reported that during 2023, it closed 59% of dental claims without a payment of damages. Where dental and medical cases proceeded to trial and concluded in 2023, the report shows that 71% were successfully defended.
Despite the organisation’s successful defence rates, concerns continue about the total cost that clinical negligence litigation poses to healthcare in the UK – coupled with the wider dento-legal environment.
In 2023, average claimant legal costs in DDU cases were in excess of £10,000 for claims settled up to £5,000 and in excess of £15,000 for claims settled between £5,000 and £10,000. For claims settled between £10,000 and £25,000, average claimant costs were in excess of £25,000.
Dr Matthew Lee, MDU chief executive explained: “When a clinical negligence claim arises, it can be one of the most stressful episodes of a healthcare professional’s career. The DDU supports members every step of the way, and our success rates in defending claims demonstrates this.
“However, behind these successes – we can see that the entire clinical negligence system is crying out for reform. Nowhere is that more evident than in the disproportionate legal costs awarded in lower value clinical negligence claims. We regularly see legal costs eclipse the amount of compensation awarded to a patient.
“I have written to the Secretary of State for Health and Social Care, urging him to take action. Every pound the NHS pays out in a settlement for clinical negligence is a pound less that cannot be spent on innovation and improving patient care for all.
“That is why the MDU has been campaigning for reform for decades. The prompt introduction of fixed recoverable costs in clinical negligence claims up to £25,000 would be a start, shortly followed by a commitment to extend that regime to claims valued up to £250,000. We also must see repeal of S2(4) of the Law Reform (Personal Injuries) Act 1948, requiring the courts to disregard the existence of the NHS when making a compensation award, and instead doing so on the basis of the cost of private care.”
