National Audit Office: Costs of clinical negligence (17 October 2025)

Summary

Clinical negligence is a breach of a legal duty of care which directly caused harm to the patient. If clinical negligence has occurred, a patient or their representative may claim for damages against the clinicians or their employers. NHS services are legally liable for any clinical negligence and must pay compensation to the claimant and cover their legal fees if the claim is proven. The vast majority of patient safety incidents are not associated with a clinical negligence claim.

Content

This investigation sets out:

• long-term changes in the government’s liability for clinical negligence and the amounts needed to settle claims
• the drivers of claims volume and costs
• the factors that could affect the future cost of clinical negligence, including systemic pressures.

This report only considers the cost of clinical negligence in England. We have not set out to evaluate the performance of the public bodies involved, nor reviewed NHS patient safety, which is the subject of other inquiries and reviews.