Millions of pounds paid out in negligence claims against Bedford Hospital

Millions of pounds in damages were paid out last year following serious mistakes in care at Bedford Hospital, figures reveal.

Data from NHS Resolution, which handles such cases on behalf of the NHS, reveals 29 clinical negligence claims against Bedford Hospital NHS Trust were successful in 2019-20.

Of those, between one and four were related to obstetrics – care provided during pregnancy and childbirth. An approximate number is recorded where the number of claims is below five, to prevent identification of individual patients.

A total damages bill of £2.7million was paid out in relation to these claims over the year, while further legal costs totalled £311,372.

Successful claims against the trust were up 32 per cent compared to the 22 reported in 2018-19, when £3.9million was paid in damages.

The Clinical Negligence Scheme for Trusts, administered by NHS Resolution, handles all negligence claims against members for incidents which happened after April 1 1995. This means claims could be settled for harm which occurred years before.

A spokesman for the hospital said: "Bedford Hospital (part of Bedfordshire Hospitals NHS Foundation Trust) ensures that it learns lessons from each incident and relevant action plans are implemented accordingly to help improve patient care and experience."

Bedford Hospital NHS Trust, along with all other trusts in England, is a member of the Clinical Negligence Scheme for Trusts (CNST) handled by NHSR (National Health Service Resolution) formerly known as the National Health Service Litigation Authority (NHSLA).

CNST handles all clinical negligence claims against member NHS bodies where the incident in question took place. When a claim is made against a member of CNST, although the NHS body remains the legal defendant, the NHSLA takes over full responsibility for handling the claim and meeting the associated costs.

Trusts pay into the scheme on a pay-as-you-go basis to cover the bill due each year.

In a report, Ian Dilks, chairman of NHS Resolution, said the price of negligence across the NHS remains "the elephant in the room" despite the overall cost of harm for clinical negligence falling to £8.3billion nationally, down from £9billion in 2018-19.

He said: "We continue to play our part in reducing the cost of claims through actions to improve both patient safety and the way incidents and complaints are handled but, as a National Audit Office report published in 2017 concluded, any strategy to tackle the drivers of cost will need to include legal reform.

"We hope that through reform, a way can be found to significantly reduce the cost to the public purse at no detriment to justice."

In January, the Government is due to publish its review of a consultation on fixed recoverable costs – the amount of money the winning party of a claim can request from the losing party – for claims less than £25,000. Recoverable legal costs for clinical negligence claims are currently uncapped.

Earlier this year, the Medical Defence Union, which provides support and advice for doctors, dentists and other healthcare workers, warned the number of claims against the NHS could increase following the Covid-19 pandemic.