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Clinical Negligence and Rising Costs: Why the Same Problems Keep Occurring

Clinical negligence and its rising cost to the NHS regularly make the headlines.[1] Despite repeated inquiries, reviews and warnings over many years, the same failings continue to cause serious harm to patients, particularly in maternity care, where mistakes can have life‑changing consequences for mothers and babies.

In January 2026, Parliament’s Public Accounts Committee (PAC) published its latest report examining the growing cost of clinical negligence and how effectively the government is responding.[2]

We are reassured to see that the PAC effectively agrees with us that there has been a failure properly to learn lessons when things go wrong in healthcare, especially in relation to maternity claims (where mothers and children are negligently injured in and around the time of birth).

Decades of Warnings, Little Progress

The PAC, which examines how public money is spent, was highly critical of the Department of Health and Social Care (DHSC). The report notes that the Committee has been raising concerns about clinical negligence since at least 2002, yet the department was unable to demonstrate that it had taken any meaningful action to tackle the rising cost of avoidable medical mistakes.

The PAC also concluded that the NHS has not done enough to address the root causes of patient harm, allowing the same types of errors to happen again and again.

Sir Geoffrey Clifton‑Brown MP, Chair of the PAC, described the situation as one of “unacceptable stasis”. Having first entered Parliament in 1992, his comments underline that many of these problems have remained unresolved for more than 30 years.

A Health System Struggling to Learn Lessons

The PAC update paints a worrying picture of a system under pressure. Although the NHS in England collects large amounts of data about patient safety incidents, the PAC found that this information is fragmented and poorly used, meaning it does not translate into effective action or prevention.

In simple terms, lessons are not being properly learned when things go wrong.

The PAC made particular reference to the continued failings in maternity care, calling on the DHSC to explain how it plans to reduce both:

  • The number of people harmed during maternity treatment, and
  • The cost of maternity‑related negligence claims.

Maternity Services Under Increasing Pressure

Evidence given to the PAC by the Royal College of Obstetricians and Gynaecologists highlighted the growing strain on maternity services. More than half of all births now involve some form of medical intervention, such as a caesarean section or assisted delivery using forceps.

The Committee also heard concerns that:

  • Staffing shortages
  • Inadequate training
  • Poor workforce planning

have created an environment where mistakes are more likely to occur. These systemic problems increase the risk of avoidable injury — and, ultimately, clinical negligence claims.

As a result, the PAC has called on the DHSC and NHS bodies to identify and fix these widespread, structural failures, rather than dealing with the consequences only after patients have been harmed.

Familiar Issues, Avoidable Harm

The failings identified in the PAC’s report are not new. Time after time, investigations highlight the same problems:

  • Insufficient staffing in maternity units
  • Gaps in training and supervision
  • Poor communication within and between healthcare teams

These are issues that could be improved with sustained political commitment and proper funding. Until they are addressed, the financial cost of clinical negligence — and the personal cost to families — is likely to continue.

When Medical Care Falls Below Acceptable Standards

Not every poor medical outcome is the result of negligence. Some complications arise even where care is appropriate. However, when injuries are caused because care fell below acceptable standards, patients and families are entitled to seek answers — and, where appropriate, compensation.

If you believe that you or a loved one has been injured as a result of medical negligence, our experienced Medical Negligence team is here to help. We have many years of experience supporting clients through complex and sensitive claims, including maternity negligence cases.

We offer an initial free, clear and no‑obligation review of your circumstances to help you understand whether there may be grounds for a claim.

Dr Darren Conway PhD[3] is a Solicitor in our Medical Negligence department[4] here at Ward & Rider, specialising in helping those who have suffered an avoidable injury in a medical setting.

If you want to find out more and see how Ward & Rider could help you, click here[5]

 

[1] Clinical negligence: Bills of Health | Law Gazette

[2] Clinical negligence: Govt and NHS fail to act despite repeated warnings over patient safety – Committees – UK Parliament

[3] Dr Darren Conway PhD | Medical Negligence Lawyer at Ward & Rider

[4] Medical Negligence Lawyers and Solicitors | Ward & Rider Solicitors

[5] Contact Ward & Rider Solicitors

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