The annual report showed the number of new clinical negligence claims notified to NHSR increased, reaching 15,236 (up 5.6% from 14,428 last year) with provision for future claims at over £60bn.

Helen Vernon, chief executive, NHS Resolution, said: ‘We recognise the ongoing challenges across the system and we will continue to work closely with Government and partners to address these issues, while remaining focused on resolving claims fairly, sharing learning, and supporting safer care across the NHS.'

NHSR said the rise in claims reflected ‘a combination of increased NHS activity and the time lag between incidents occurring and claims being brought'.

The National Audit Office revealed in October 2025 the annual cost of clinical negligence claims had more than tripled.

Further analysis by the Public Accounts Committee in January 2026 showed liability had quadrupled over 20 years.

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Steven Davies, head of legal services at Medical Protection Society, said: ‘At a time when the NHS faces immense pressure to improve patient care and modernise services, it is right to question whether the staggering sums paid out on NHS clinical negligence claims - £3.2bn in 2025/2026 - are sustainable. With NHS Resolution estimating future liabilities of more than £60bn, clinical negligence remains one of the Government's biggest financial burdens.

‘The current system is costly, inequitable and in need of urgent reform. Long-overdue changes must tackle high legal costs as well balance fair compensation for patients, with affordability for the NHS.

‘The high cost of clinical negligence also impacts on healthcare professionals not protected through a state-backed indemnity scheme – such as private practitioners and dentists – who bear the cost of protecting themselves against claims.'

Recommendations from the Government commissioned Lock review were meant to be out in autumn 2025.

Matthew Lee, chief executive of the Medical Defence Union, said: ‘The report reinforces the urgent need to introduce fixed recoverable costs for lower-value clinical negligence claims to bring claimant legal fees under control. This reform has been repeatedly delayed over the past three years, despite cross-party agreement about the need for action.

‘MDU members and healthcare workers across the NHS deserve every possible pound spent on improving frontline care and the environment they work in. The time for action is now. We urge the Government to end the delays and introduce fixed recoverable costs without further hesitation.'