Morning, Monday, 15th December 2025
Online
This conference will discuss next steps for policy and practice in relation to clinical negligence in England.
Taking place amidst heightened public and policy attention on the rising cost of claims, the conference is bringing together policymakers and stakeholders to assess practical strategies for reducing associated financial pressures on the NHS.
Discussion will focus on its impact on patients, clinical staff, and the wider system, as well as the way forward for addressing underlying factors contributing to claim volumes, legal costs, and average damages.
Options, recommendations & managing costs effectively
With the National Audit Office due to publish findings this autumn from its investigation into the cost of resolving clinical negligence claims, delegates will examine key considerations for developing a cross-government strategy for containing the rising cost of clinical negligence claims going forward.
Sessions will examine implementation of the Clinical Negligence Claims Agreement 2024 and assess indications on progress in improving transparency and collaboration between NHS Resolution and claimant representatives - as well as scope for future revisions.
Proposals for capping legal fees through Fixed Recoverable Costs will be discussed, alongside concerns around access to justice - particularly in complex lower-value cases - and broader questions on how legal costs might be contained without undermining fairness.
Delegates will also consider options for longer-term reform, including assessing proposals for a no-fault liability scheme, options for promoting early resolution methods, and how international models might inform approaches in England.
Patient safety, accountability & learning
Issues for improving patient safety are also expected to be a key focus. Sessions will examine how litigation and claims processes can better support learning and improvement, with discussion on initiatives such as NHS England’s Getting It Right First Time programme and recommendations from Dr Penny Dash’s Review of Patient Safety across the Health and Care Landscape.
Attendees will assess practicalities around proposals for a unified patient safety strategy led by the National Quality Board, including clearer accountability, simplified guidance, and reduced duplication, alongside shifts in emphasis from litigation to prevention.
The Public Accounts Committee’s inquiry into the cost of clinical negligence will also inform discussion - currently taking evidence on patient safety initiatives alongside avenues for addressing rising legal costs - particularly in relation to how safety performance can be improved in parallel with efforts to reduce legal exposure.
System change, workforce priorities & innovation
The agenda will consider implications of wider structural and organisational changes, including NHS England’s integration within the Department of Health and Social Care and the transfer of commissioning responsibilities, looking at its impact on governance, risk oversight, and patient safety.
The impact of clinical negligence claims on healthcare staff will also be discussed, with attendees considering practical strategies for supporting wellbeing and mitigating the personal and professional toll of involvement in legal proceedings.
Further sessions examine the future for healthcare professional regulation reform, including options for increasing flexibility to respond more swiftly to patient safety risks. The role of digital tools will also be considered in the context of improving system responsiveness and minimising the likelihood of avoidable harm, including the NHS App, patient passports, and artificial intelligence-based risk assessment and early warning systems.
All delegates will be able to contribute to the output of the conference, which will be shared with parliamentary, ministerial, departmental and regulatory offices, and more widely. This includes the full proceedings and additional articles submitted by delegates.
