I think the degree of public money lost this way might surprise people.
Clinical negligence costs: taking action to safeguard NHS sustainability
BMJ 2020; 368 doi: doi.org/10.1136/bmj.m552 (Published 02 March 2020)
The NHS paid £2.4bn (€2.8bn; $3.1bn) in clinical negligence claims in 2018-19, according to NHS Resolution (formerly the NHS Litigation Authority).1 This sum equates to about 2% of the entire budget for the NHS in England (roughly £115bn). But even these startling figures do not provide the full picture, since NHS Resolution also has to account for claims likely to be received in the future. Now standing at £83.4bn, the amount “set aside” for such claims is among the most substantial public sector financial liabilities faced by the UK government,2 second only to nuclear decommissioning (£131bn).3
The Public Accounts Committee has identified that a small number of high value claims, mostly related to maternity care, is a major contributor to these costs.4 Maternity accounted for 50% of the total value of claims received by NHS Resolution in 2018-19, though it represented only 10% of the total number of claims.1 The high cost of these claims arises because injury at birth (including brain injury) can have catastrophic effects over a lifetime.5
If the NHS is going to have to take into account lifetime costs for people who develop osteoporosis, substantial genito-urinary issues, and compensate them for the loss of fertility and the ability to form meaningful relationships with a sexual component, then I wonder if we might be looking at awards that are second only to birth injury costs.