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NHS League Tables and Clinical Negligence Claims

By Matthew Best, Director – ATE Partnerships, Head of Personal Injury & Clinical Negligence

(Estimated reading time: 2 minutes 43 seconds)

The introduction of NHS hospital league tables represents a significant shift in the drive to improve transparency and accountability in the UK’s healthcare system. While this reform aims to address systemic issues and enhance patient outcomes, its potential impact on clinical negligence claims and the broader NHS culture warrants careful consideration.

Public rankings aim to incentivise underperforming hospitals to address deficiencies, ultimately reducing medical errors and the volume of negligence claims. This is a critical concern, as NHS clinical negligence payouts reached a staggering £2.7 billion in 2022-23, with maternity-related claims being a significant driver. By addressing these deficiencies, will patient outcomes and hospital standards improve, leading to a corresponding decrease in legal claims?

Increased Awareness Leading to Claims
Greater transparency might result in increased claims as patients and legal advisors gain easier access to hospital performance data. Lower-ranked hospitals, in particular, could face heightened scrutiny and potential legal challenges. This unintended consequence may place additional pressure on institutions already struggling with systemic issues.

Cultural Shifts Within the NHS Learning Culture or Blame Culture?
League tables could foster a culture of continuous improvement, with hospitals learning from their errors and sharing best practices. However, concerns persist that public rankings might exacerbate a blame culture within the NHS. The Royal College of Emergency Medicine has cautioned that focusing on metrics could lead to short-term target-chasing, distracting from systemic reform efforts.

Staff Morale and Retention
The publication of rankings may impact staff morale, particularly in underperforming hospitals. Striking a balance between accountability and support for healthcare professionals will be key to maintaining a motivated workforce capable of delivering consistently high-quality care.

Financial and Systemic Implications
Pressure to Reduce Compensation
Amid financial constraints, there is speculation that reforms may include efforts to cap compensation payouts. However addressing the root causes of negligence, rather than limiting payouts, is essential to achieving long-term savings and maintaining public trust.

Investment in Risk Management
The reforms could also drive investment in patient safety initiatives and risk management. By proactively addressing risks, the NHS could reduce incidents leading to negligence claims, ultimately easing financial pressures while improving patient care.

What’s the latest on this?
Since the announcement, several developments have added to the discussion:

  • Implementation Plans: Health Secretary Wes Streeting has outlined measures linking hospital rankings to management accountability. High-performing hospitals will receive greater financial autonomy, while managers in underperforming hospitals may face removal.
  • Maternity Care Spotlight: Maternity services remain a focal point, with half of the units rated as failing and contributing disproportionately to negligence payouts. Reforming these services could significantly reduce high value claims.
  • Stakeholder Concerns: Healthcare professionals and unions have raised concerns about unintended consequences, including potential damage to staff morale and a skewed focus on short-term metrics over systemic change.

Conclusion
The introduction of NHS hospital league tables represents both a challenge and an opportunity for the healthcare system. While the initiative aims to improve patient outcomes and operational efficiency, its success will depend on careful implementation, balancing transparency with support for healthcare professionals. Addressing systemic issues, rather than focusing solely on metrics, will be crucial in reducing clinical negligence claims and fostering a culture of improvement.

Here at Temple we are committed as ever to keeping you informed about topical news relating to clinical negligence. Please call Matthew Best on 01483 514804 or email with your observations on this topic or to discuss your ATE insurance requirements.

Matthew Best Cert CII

Head of Personal Injury & Clinical Negligence
Read articles by Matthew Best Cert CII

Matthew Best Cert CII

Matt has an insurance background and joined Temple in 2011 having worked for 4 years in a leading insurance company where he was dealing with personal injury work. Matthew was promoted to Underwriting Manager and subsequently Senior Underwriting Manager taking on overall responsibility for Temple’s personal injury and clinical negligence underwriting department.

In 2022 Matt joined the board of directors as Director of ATE Partnerships. Matthew has cultivated fantastic relationships with our business partners for many years. His ability to build a clear understanding of their requirements and more importantly what is required to fulfil such requirements means he is ideally placed to support the strategic direction of the company.

Matt remains the head of the personal injury and clinical negligence department and is committed to all Temple’s business partners in order to deliver the highest level of service they expect. He is also responsible in making sure that Temple’s ATE and disbursement funding products remain competitive, but most importantly that they are fit for purpose for solicitors and their clients.

 

Read articles by Matthew Best Cert CII