News / CNST costs on the rise

The number and cost of clinical negligence claims continues to rise, according to the NHS Litigation Authority’s latest annual report.

The report said the number of claims made under the clinical negligence scheme for trusts (CNST) rose 10% in 2009/10 on the previous year. This follows an 11% increase in 2008/09 over 2007/08. Authority chief executive Stephen Walker said the rises were disappointing after three years of relative stability.

The authority paid out more than £650m on CNST claims in 2009/10, £36m more than the previous year.

General liability claims also increased. Under the liabilities to third parties scheme (LTPS), new employers and third-party claims topped 4,000 – 10% up on 2008/09.

Mr Walker said that with judicial inflation running at 10% a year, litigation was becoming more expensive. ‘Naturally, we have looked at possible reasons for the growth in volume, but remain convinced a major factor is the availability of the so-called no-win no-fee market,’ he added.

In 2009/10, the authority paid £163m in total legal costs, £121m of it to claimants’ lawyers.

Director of finance Tom Fothergill said the rises were concerning as public sector spending was likely to be under increasing pressure. He said the authority was improving productivity – the time taken to resolve claims had fallen despite the rise in claims.