Published in the British Journal of Surgery, analysis of NHS Resolution data reveals a concerning trend in NHS litigation costs related to informed consent failures, with both the number of claims and their associated costs rising significantly over the past decade.
Key findings
The research demonstrates dramatic increases in both frequency and cost of claims:
- Annual claims increased from 128 in 2011-12 to 248 in 2021-22
- The cost of litigation claims reached €91.7 million in 2021-22
- The average cost per claim rose from €219,499 to €369,886 over the decade
- Significant variation exists between NHS Trusts and specialities
Speciality breakdown
The research identified clear patterns in which specialities saw the most claims and highest costs.
Most Claims: Orthopaedics (19%), Gynaecology (16%), General surgery (14%)
Highest Costs: Obstetrics (19%), Orthopaedics (19%), General surgery (11%)
Notably, while obstetrics accounted for only 7% of claims, it represented 19% of total costs - highlighting the particularly high-value nature of obstetric consent-related claims.
Why is this happening?
The data shows that failures in the consent process present an increasing financial burden for the NHS. The researchers identified four key contributing factors: deficiencies in the consent process itself, documentation issues including illegibility and missing information, insufficient time for patients to consider their options, and variation in consent practices between different hospitals.
What needs to change?
The authors emphasise the need for; standardisation of consent processes across Trusts; improved documentation quality; better evaluation of consent practices, and; further research into why some specialities and trusts see more claims than others.
This research adds to the growing evidence base supporting the need to modernise the consent process. Digital solutions that standardise and improve consent quality while maintaining focus on meaningful patient dialogue could help address these challenges.
Read the full paper here: ‘Informed consent failures: National Health Service Resolution data’