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NAO reports on clinical negligence costs

22 October 2025
Issue: 8136 / Categories: Legal News , National Health Service , Clinical negligence , Costs , Health
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The NHS may be paying twice in clinical negligence claims as damages are calculated based on private healthcare packages but patients may go on to use the NHS for treatment, according to a National Audit Office (NAO) report last week

The NAO reported the NHS pays claimant costs on successful claims, which have risen from £148m in 2006–07 to £538m last year whereas NHS costs only rose from £76m to £159m over the same period.

Gareth Davies, head of the NAO, said the government ‘should consider whether the existing approach to legal costs remains proportionate for all claims’.

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