NHS Resolution has published its Annual Report and Accounts for 2025/26, revealing a continued rise in clinical negligence claims and compensation payments across the NHS. During the year, NHS Resolution received 15,236 new clinical negligence claims, up from 14,428 in 2024/25, while total clinical negligence payments increased to £3.24 billion. The figures show growth in both hospital and GP-related claims, with claims involving general practice rising from 2,575 to 3,091 – an increase of around 20% year-on-year.
The report also highlights the ongoing financial impact of maternity-related claims. Although maternity claims account for only around 11% of claims by volume, they represent 55% of the total value of claims reported during the year, equating to approximately £4.1 billion. Overall, NHS Resolution estimates that clinical negligence liabilities now stand at more than £60 billion, reflecting the future cost of claims arising from incidents that have already occurred but have yet to be resolved.
These figures demonstrate the scale of clinical negligence claims facing the NHS. However, statistics only tell part of the story. Behind every claim is a patient or family whose life has been affected by avoidable harm, whether through delayed diagnosis, surgical error, poor treatment or failures in maternity care. For those individuals, the focus is rarely on the numbers. Instead, it is on finding answers, accessing support and rebuilding their lives after an often-traumatic experience.
The Human Cost of Delayed Clinical Negligence Claims
One of the most significant challenges facing claimants is the length of time it can take for claims to be resolved.
NHS Resolution notes that there is often a delay between a clinical incident occurring and a claim being reported, with many claims relating to treatment provided several years earlier. Unfortunately, delays can continue throughout the claims process itself, leaving injured patients and their families waiting years for answers, support and financial security.
While some cases are necessarily complex and require detailed investigation, prolonged delays can have a serious impact on those affected by medical negligence.
Many people rely on compensation to access rehabilitation, specialist treatment, adapted accommodation, care packages or equipment that can help them regain independence and improve their quality of life. Until a claim is resolved, these needs can remain unmet.
The emotional impact should not be underestimated either. Many clients who seek advice from our Medical Negligence team are looking for more than compensation. They want an explanation of what happened, reassurance that lessons have been learned and acknowledgement that mistakes were made. When claims become drawn out, that sense of closure can feel increasingly out of reach.
For those pursuing delayed diagnosis claims, the impact of lengthy investigations can be particularly difficult. In many cases, patients are already living with the consequences of a missed opportunity for earlier treatment or intervention.
The Importance of Taking Responsibility
The NHS has a legal duty of candour, requiring healthcare providers to be open and honest with patients when something goes wrong.
In principle, this should help patients and families gain a clear understanding of what happened at an early stage. However, many claimants still feel that getting answers can be a long and frustrating process.
Far too often, concerns raised by patients are not properly acknowledged until formal legal investigations are underway. By that point, valuable time has been lost, and trust may already have broken down.
Earlier admissions where mistakes have occurred could make a significant difference to those affected. For many families, a genuine apology and acceptance of responsibility can be just as important as the financial outcome of a claim.
A greater commitment to transparency, accountability and early resolution would not only benefit injured patients but could also reduce legal costs and shorten the time taken to conclude claims.
Preventing Avoidable Harm Must Remain the Priority
The report’s findings on maternity claims provide an important reminder of why improving patient safety must remain a priority across the NHS.
Although maternity cases account for a relatively small proportion of overall claims, they continue to represent a significant share of claim value because they often involve severe and life-changing injuries.
For families affected by birth injuries, the consequences can be lifelong. Children may require ongoing medical treatment, specialist education, adapted accommodation and round-the-clock care. The financial value of these claims reflects the support that may be needed over an entire lifetime.
However, the real lesson from these figures is not the cost of compensation. It is the importance of preventing avoidable harm from occurring in the first place.
Investment in patient safety, staff training, effective communication and learning from previous mistakes should remain central to efforts to improve healthcare standards. Every incident prevented means one less patient having to face the physical, emotional and financial consequences of clinical negligence.
Whether the issue involves maternity care, delayed diagnosis or surgical treatment, reducing mistakes benefits everyone involved.
Looking Ahead
The latest NHS Resolution figures demonstrate the continuing scale and complexity of clinical negligence across the NHS. Rising claim numbers and increasing compensation payments understandably attract attention, but the focus should remain on the people behind those figures.
We see first-hand the impact that medical negligence can have on individuals and their families. We also increasingly see the frustration caused by claims that take years to investigate and resolve.
There should be a greater emphasis on supporting claimants through earlier investigations, timely admissions where mistakes have occurred and faster resolution of appropriate claims. This would help injured patients access the care and support they need sooner while reducing the emotional burden associated with lengthy disputes.
At the same time, continued efforts to improve patient safety and reduce avoidable mistakes remain essential. The most effective way to reduce clinical negligence claims is not to defend them more efficiently, but to prevent patients from being harmed in the first place.
Ultimately, a healthcare system that learns from its mistakes, takes responsibility when things go wrong and puts patients at the centre of the claims process would benefit everyone involved.
How We Can Help
If you believe that you or a loved one has suffered harm because of medical treatment, delayed diagnosis, surgical errors, maternity care or another aspect of healthcare, our specialist Medical Negligence team can provide confidential advice regarding your options. We can also discuss whether you may be eligible for No Win, No Fee funding arrangements
You can contact our Medical Negligence team on 0800 987 8800, complete our online enquiry form, or email medneg@bmcf.co.uk.