“If 10 babies were spared from catastrophic harm caused by NHS negligence, it would save the health service £112 million", a new comprehensive report reveals.
On 07 September 2026, the Association of Personal Injury Lawyers (APIL) presented research at a briefing in Westminster.
Last year alone there were 252 cerebral palsy and birth brain injury cases reported to NHS Resolution, the NHS's litigation arm. Families affected by avoidable harm at birth can seek advice from specialist birth injury solicitors.
The report by APIL titled Clinical negligence: the reality behind the myths delves into:
- The importance of compensation and legal support to victims of medical negligence
- What is actually driving medical negligence spending
- The dangers of proposals which would reduce access to justice and compensation
Jordan Higgs, one of our medical negligence lawyers, praises APIL’s efforts to bring significant misinformation about medical negligence claims to Parliament's attention.
The report confirms that spending on medical negligence claims accounts for just 1.6% of NHS England’s total budget. To put that into perspective, the NHS spends about £200 billion each year and interacts with around 600 million patients.
In 2025, 2.9 million people said they had been harmed by the NHS. Whilst NHS England recorded 1.1 million safety incidents which resulted in harm, only 1% of those injured go on to bring a medical negligence claim.
“It is clear that there is an ongoing patient safety crisis, and for the most part, people who have suffered avoidable harm take no further action. This could be due to a number of causes, such as not even being aware they could bring a claim, worrying about the future of the NHS, or, in some cases, not being told their condition is a result of medical negligence.
APIL’s report identifies that 80% of people harmed by the NHS say that compensation was crucial in allowing them to recover and rebuild their lives. For those who do not pursue a claim, their lives may have been turned upside down, living with a catastrophic injury and being forced to manage without ever having the opportunity to recover and rebuild”.
Jordan Higgs
Associate - Medical Negligence
APIL have presented plans for reform proposing that the government focus on 3 areas:
- Reducing harm
- Improving transparency
- A more efficient legal process
APIL have worked tirelessly to help bring about positive change, and only the future will show whether the government will be receptive to the recommendations in their report.
APILS report can be found here: https://www.apil.org.uk/publications/clinical-negligence-report/43/
This information is for guidance purposes only and does not constitute legal advice. We recommend you seek legal advice before acting on any information given.
