Clinical Negligence Reform: A Claimant Lawyer’s Perspective

The British Medical Association (BMA) has recently called for a fundamental overhaul of the clinical negligence system in the UK, citing concerns about the lengthy and stressful nature of the process, rising costs of claims, and the adversarial structure that limits opportunities for learning and improving patient outcomes.

Proposed clinical negligence reforms

The BMA’s key proposals include:

As clinical negligence solicitors acting for injured patients, Nelsons welcomes the conversation around reform. However, it is vital that any changes keep the needs of claimants—those injured through no fault of their own—at the heart of the process.

Justice must remain accessible

The BMA rightly highlights that the current system is slow and stressful, with birth injury claims taking an average of 6.5 years to resolve. Behind these statistics are real people—children with lifelong disabilities, families facing unimaginable challenges, and individuals whose lives have been permanently altered.

For them, compensation is not a windfall—it’s a lifeline.

Any reform must ensure that injured patients continue to have access to justice, including legal representation. While a no-fault compensation scheme may offer speed and simplicity, it must not compromise fairness or transparency. Claimants must retain the right to challenge decisions, access independent legal advice, and receive compensation that truly reflects their needs.

Learning from mistakes is crucial—but so is accountability

We welcome the BMA’s emphasis on shifting from a “blame culture” to a “learning culture.” Many claimants tell us they want answers and assurances that what happened to them won’t happen to someone else.

However, learning cannot happen without accountability. A system that removes the opportunity to scrutinise care risks sweeps systemic failings under the rug. Any new model must include robust mechanisms for investigating incidents, identifying root causes, and implementing change, with claimants actively involved in the process.

Legal costs: A symptom, not the disease

Concerns about legal costs are often raised, with the BMA noting that 19% of compensation paid in 2023–24 went to lawyers. But this reflects the complexity and length of the current proceedings. If the system were faster, more transparent, and less adversarial, legal costs would naturally fall.

Importantly, claimant lawyers work on a “no win, no fee” basis, taking on significant risk to ensure injured patients can pursue claims without upfront costs. Legal representation is not a luxury—it’s a safeguard against injustice.

Reform must be evidence-based and inclusive

The BMA’s proposals—including piloting a no-fault scheme, repealing Section 2(4), and standardising loss of earnings claims—deserve careful scrutiny. But reform must be shaped by all stakeholders, including patients, families, and those who represent them.

As claimant lawyers, we see the human impact of clinical negligence every day. We also see the gaps in care, the missed opportunities for learning, and the need for systemic change. But we must not lose sight of the fact that justice is not just about systems—it’s about people.

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If you or a loved one has been affected by clinical negligence and wants to understand your rights, our experienced team at Nelsons Solicitors is here to help. Contact us today for expert legal advice.