Midlands sees most claims
The Midlands is the region that has seen the most negligence claims against NHS trusts in England from the period 2019/20 to 2023/24, with 7,750 made.
This is according to new research by medical negligence experts First4Lawyers.
A Freedom of Information request to NHS Resolution, the body responsible for claims against the NHS, revealed that the North West’s Northern Care Alliance NHS Foundation Trust in Greater Manchester was England's most claimed against trust. During the period analysed, 972 medical negligence claims were made.
The Midlands trust receiving the most claims over the five-year period was University Hospitals Birmingham NHS Foundation Trust, with 753.
- Midlands – 7,750
- North East and Yorkshire – 7,145
- North West – 7,084
- London – 5,996
- South East – 4,740
- East of England – 4,086
- South West – 3,236
Emergency medicine
Emergency medicine saw the highest claim numbers across England over the five years. Yorkshire and the North East saw the highest numbers of all regions – 1,276 in total. The Midlands saw the second highest, at 1,226, and the North West saw the third highest, at 1,200.
The North West’s Northern Care Alliance NHS Foundation Trust had the highest number of claims, with 198. The most claims were received in 2019/20, when 58 were made. In 2023/24, this had dropped to 45 – but this was the highest for any trust in that year.
The South West also saw the fewest claims for emergency medicine negligence – with 412 made over the period. Royal Devon University Healthcare NHS Foundation Trust saw the most in the region, with 51 in total.
- North East and Yorkshire – 1,276
- Midlands – 1,226
- North West – 1,200
- London – 740
- South East – 714
- East of England – 537
- South West – 412
Obstetrics
Obstetrics also consistently saw high numbers of claims across the period analysed and the country. The Midlands saw the highest number in total, at 1,130. Yorkshire and the North East saw the second highest number, at 884, while London saw the third highest – 828.
The trust with the most obstetrics claims between 2019/20 and 2023/24 was Manchester University NHS Foundation Trust – 162 were made. Mid and South Essex NHS Foundation Trust saw the second highest, at 152 claims.
The South West region saw the fewest – with 460 in total across the period reviewed. Somerset NHS Foundation Trust saw the highest in that region, with 54 claims.
- Midlands – 1,130
- North East and Yorkshire – 884
- South East – 830
- London – 828
- North West – 812
- East of England – 654
- South West – 460
Surgery
Orthopaedic and general surgery were also departments seeing high numbers of claims.
The Midlands saw the highest number of orthopaedic surgery claims closed – 1,132 in the five years we looked at. Walsall Healthcare NHS Trust saw the most claims closed of any trust in England – 230 in that period.
Yorkshire and the North East saw the second highest number of claims closed, at 899. The North West was third, with 753.
- Midlands – 1,132
- North East and Yorkshire – 899
- North West – 753
- South East – 689
- East of England – 487
- London – 435
- South West – 349
Meanwhile, there were consistent numbers of claims for general surgery negligence closed in that period. The Midlands again saw the highest number, at 692. University Hospitals Birmingham NHS Foundation Trust closed the most claims – 105.
Yorkshire and the North East saw the second highest number of total claims for general surgery closed, at 615. Sheffield Teaching Hospitals NHS Foundation Trust saw the most in this region, with 68 claims closed.
- Midlands – 692
- North East and Yorkshire – 615
- North West – 510
- South East – 361
- South West – 320
- London – 241
- East of England – 230
Injuries
The most common injury being claimed for was unnecessary pain. Between 2019/20 and 2023/24, a total of 4,785 claims made by those who suffered unnecessary pain after treatment by the NHS were closed.
Additional or unnecessary operations was the second most claimed for injury. There were a total of 3,388 claims closed in that period.
The third highest consequence of medical negligence was fatality. A total of 2,549 claims for the loss of someone’s life were closed. The individual trust with the highest number of fatality claims closed was Manchester University NHS Foundation Trust.
The trust also closed the second highest number of claims for fractures – the fourth most claimed for injury. Liverpool University Hospitals NHS Foundation Trust closed the highest number of claims for fractures.
2019/20:
- Unnecessary pain – 1,128
- Additional/unnecessary operations – 754
- Fatality – 544
- Fracture – 186
- Cancer – 59
2020/21:
- Unnecessary pain – 895
- Additional/unnecessary operations – 591
- Fatality – 495
- Fracture – 153
- Cancer – 97
2021/22:
- Unnecessary pain – 1,060
- Additional/unnecessary operations – 705
- Fatality – 568
- Fracture – 162
- Cancer – 77
2022/23:
- Unnecessary pain – 914
- Additional/unnecessary operations – 662
- Fatality – 498
- Fracture – 143
- Cancer – 113
2023/24:
- Unnecessary pain – 788
- Additional/unnecessary operations – 676
- Fatality – 444
- Fracture – 108
- Cancer – 96
Causes
The top cause of negligence claims against the NHS was failure or delay in treatment. A total of 7,262 claims were closed over the five years we analysed.
Second was failure or delay to diagnose. This was the cause of 6,046 claims closed.
Inappropriate treatment was the cause behind the third highest number of claims closed. But it was significantly lower than the two top causes, with 1,253 claims closed.
2019/20:
- Fail/delay treatment – 1,510
- Fail/delay diagnosis – 1,218
- Inadequate nursing care – 314
2020/21:
- Fail/delay treatment – 1,333
- Fail/delay diagnosis – 981
- Inappropriate treatment – 233
2021/22:
- Fail/delay treatment – 1,557
- Fail/delay diagnosis – 1,337
- Inappropriate treatment – 326
2022/23:
- Fail/delay treatment – 1,448
- Fail/delay diagnosis – 1,352
- Inappropriate treatment – 231
2023/24:
- Fail/delay treatment – 1,414
- Fail/delay diagnosis – 1,352
- Inappropriate treatment – 231
Discussing the findings, First4Lawyers’ Head of Legal Services Jacqueline Busby said: “All cases of medical negligence are distressing. We put our trust in doctors, nurses and midwives and expect to be helped. When that doesn’t happen, it can feel like a betrayal.
“Of course, we understand the pressure the NHS is under – but that doesn’t excuse preventable mistakes that cause harm to innocent people.
“I would advise any patient who feels that their treatment wasn’t right to speak to an expert. Getting the right care after an experience of negligence is vital.
“I’d also encourage patients to know their rights. The NHS Constitution for England covers patient rights, and this includes compensation if you’ve been harmed by negligent treatment.”
Trusts with most claims across England
Methodology
Claim data was acquired through a Freedom of Information request to NHS Resolution. It covered total claims by trust, claims by department per trust, injury types per trust and causes of injuries per trust over the five financial years from 2019/20 to 2023/24.
Data was filtered to identify highest numbers of claims per trust, department, injury type and cause. This was separated by region using NHS England’s system directory regions and integrated care boards.
This research analysed 39,695 claims across 210 trusts in England.
NHS Resolution did not provide data for low figures and the names of trusts receiving fewer than five claims as it would contravene data protection. Therefore, data totals may not add up across trusts, departments, injuries and causes.
