Understanding the Rising Costs of Clinical Negligence Reports in the UK Medico-Legal Sector

The rising costs of clinical negligence reports have become a critical talking point in the medico-legal industry. Recent data from NHS Resolution’s annual Costs of Clinical Negligence Report highlights a continuing upward trend in litigation expenses, particularly in expert witness fees and associated case preparation costs. As the demand for complex medical evidence grows, expert witnesses, solicitors, and insurers face increasing pressure to justify costs while maintaining quality, objectivity, and compliance with court expectations.

The Scale of the Problem: Rising Costs of Clinical Negligence Reports

According to the report, total clinical negligence expenditure in England reached over £3.6 billion last year, with expert and legal fees accounting for a significant proportion of total spend.

“Although rising damages have been a key driver of cost increases, little is known about the extent to which the government may be paying twice by providing care for claimants who have already received compensation.”

Key findings include:

• At £60 billion, the government’s liability for clinical negligence claims has quadrupled since 2006-07

• The annual cost to settle claims has more than tripled over the last two decades

• Increases in costs are primarily due to a small number of very-high-value claims (£1 million and above)

These figures highlight the vital role of expert witnesses, but also the need for greater efficiency and clearer cost control within the medico-legal process.

Why Are Costs Increasing?

The report identifies several contributing factors behind the escalation:

• Increased claim volumes and higher damages

• A growing share of very-high-value (especially obstetric) claims

• Escalating claimant legal costs

• Rising costs of long-term care and labour influencing settlements.

The system now demands more time, precision, and accountability from experts than ever before, which inevitably drives up cost.

The Role of Expert Witnesses

Expert witnesses are the cornerstone of clinical negligence litigation. Their insight determines liability, causation, and quantum, and directly influences settlement outcomes.

“It [the Early Notification Scheme] trials innovative ways of managing maternity incidents to ensure NHSR reaches decisions on liability as early as possible. This includes convening experts to review evidence for multiple cases in one sitting, and working with families to put in place immediate support packages pending final settlement.”

However, as the report makes clear, experts are not merely a cost centre. They are essential to fair resolution and critical for safeguarding patient safety lessons through informed judgments.

Managing the Rising Costs of Clinical Negligence Cases

To manage rising costs effectively, the report recommends:

• Calls for better data-driven monitoring of rising claim costs, using AI tools to detect inflationary trends and inconsistencies in awards

• Improving clarity around how much of the damages awarded to claimants are actually spent on legal fees, recommending new transparency mechanisms or regulation if necessary

• A reform of cost recovery rules, particularly in low- and medium-value claims, to ensure costs are proportionate to damages

• Prevent ‘double payment’, where the government funds private care through compensation but later provides the same care again through NHS services

• Provide better complaint handling and early resolution which could prevent cases escalating into costly litigation

At Apex Experts, we support firms to keep costs as low as possible. Our expert witness service combines:

• Fixed-fee structures where appropriate

• Secure document handling and pagination

• Dedicated case management support to ensure timely, cost-effective delivery of reports

The Path Forward for the Medico-Legal Industry

The report concludes that tackling the rising costs of clinical negligence reports requires a collaborative approach between the NHS, insurers, law firms, and expert witnesses.

By promoting transparency, technology adoption, and shared responsibility for cost control, the medico-legal community can ensure that access to justice remains affordable without compromising quality.

The rising costs of clinical negligence reports are more than a financial challenge. They represent a pivotal moment for the medico-legal industry to modernise. Through proactive cost management and professional collaboration, expert witnesses can continue to deliver the high-quality, impartial opinions upon which the justice system depends.

Read the full report here.

Contact Apex Experts

For expert witness support or to discuss cost-efficient medico-legal services:

📧 info@apexexperts.co.uk | 🌐 www.apexexperts.co.uk | ☎ 0203 633 2213