Morning, Monday, 15th December 2025
Online
This conference will discuss next steps for policy and practice relating to clinical negligence in England. It takes place in the context of heightened public and policy attention on the rising cost of claims, and the associated impact on patients, clinical staff, and the wider system.
It will bring together stakeholders and policymakers to consider practical strategies for reducing financial pressures on the NHS associated with clinical negligence, and for addressing underlying factors contributing to claim volumes, legal costs, and damages.
Clinical negligence costs, liability & implications
It will be an opportunity to discuss findings from the current National Audit Office investigation following its expected publication, including underlying factors contributing to the volume of claims, average damages and legal costs. Attendees will also consider how the situation could evolve - with the most recent Department of Health and Social Care Annual Report and Accounts reporting that clinical negligence had become the second largest liability for the UK government.
Patient safety priorities & inquiry focus
Key issues for improving patient safety will also be a focus for discussion, with the recently announced Public Accounts Committee inquiry - due following the National Audit Office report - taking evidence on current patient safety initiatives alongside avenues for addressing rising legal costs.
Reform options & managing costs
Looking at financial issues, planned sessions will examine next steps for addressing the rising cost of clinical negligence claims, including implementation of the Clinical Negligence Claims Agreement 2024. Delegates will assess indications on the agreement’s progress in improving transparency and collaboration between NHS Resolution and claimant representatives, as well as the scope for future revisions.
Options for capping legal fees through fixed recoverable costs will be discussed in the context of concerns around access to justice, particularly in complex, lower-value cases, and broader questions of how legal costs might be contained without undermining fairness. Discussion will also centre on longer-term reform, including proposals for a no-fault liability scheme, and how international models might inform approaches in England.
Safety, accountability & learning
Focusing on safety, sessions will examine how litigation and claims processes can better support learning and improvement, with a focus 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 clearer accountability, simplified guidance, and reduced duplication, alongside shifts in emphasis from litigation to prevention. We expect the planned Public Accounts Committee inquiry to also inform discussion, particularly in relation to how safety performance can be improved in parallel with efforts to reduce legal exposure.
System change, workforce priorities and innovation
Further discussion will consider implications of wider structural and organisational changes, including NHS England’s integration with Department of Health and Social Care and the transfer of commissioning responsibilities. Delegates will assess how these developments may affect governance, risk oversight, and patient safety. We also expect the impact of clinical negligence claims on healthcare staff to be a key theme, with discussion of practical strategies for supporting wellbeing and mitigating the personal and professional toll of involvement in legal proceedings. The role of digital tools, including the NHS App, patient passports, and AI-based risk assessment, will also be considered in the context of improving system responsiveness and minimising the likelihood of avoidable harm.
With the agenda currently in the drafting stage, overall areas for discussion include:
- emerging trends in clinical negligence: examining evolving risk areas and systemic pressures
- Clinical Negligence Claims Agreement 2024: exploring improved approaches to claims management - the role of collaborative mechanisms in achieving faster and fairer resolution
- future funding models and addressing rising legal costs: the impact of fixed recoverable costs in low-value claims - alternative funding mechanisms to support sustainable reform
- potential impact of a no fault system: priorities for the development of approaches to clinical negligence claims that encourage the health system to learn from mistakes
- international approaches to clinical negligence claims: exploring global approaches to system design, compensation, and safety improvement - possible application in England
- harnessing digital innovation and data-driven insights: evaluating the potential of AI and emerging technologies to support early risk identification and proactive mitigation
- driving patient safety through system learning: role of the Getting It Right First Time programme - strengthening frameworks that promote continuous improvement across care settings
- implications of NHS restructuring: how the transfer of commissioning responsibilities and system reforms may influence risk management, patient safety, and claims volume
- enhancing patient engagement and communication: improving transparency, trust, and early complaint resolution - stronger communication strategies and developing co-produced policies
- supporting healthcare staff throughout claims: reducing the personal and professional impact of claims through well-being support, legal guidance, and restorative approaches
