New figures have revealed that Somerset NHS Foundation Trust has paid close to £10 million in compensation to patients affected by surgical errors over the past five years. The highest payout was recorded in 2023/24, amounting to £4.65 million.
These claims, settled through NHS Resolution, highlight concerns over patient safety and surgical negligence in the region. Let’s take a closer look at the statistics, reasons behind the claims, and the response from Somerset NHS.
Surgical Error Compensation: A Five-Year Overview
According to Medical Negligence Assist, data obtained via Freedom of Information (FOI) requests show that between 2019 and 2024, a total of 68 claims were made against Somerset NHS Foundation Trust for surgical negligence. Out of these, 67 claims were settled, leading to nearly £10 million in payouts.
Breakdown of Claims Per Year
- 2019/20: 21 claims (highest in five years)
- 2020/21: 18 claims
- 2021/22: 10 claims
- 2022/23: 11 claims
- 2023/24: 8 claims
While the number of claims has decreased in the last two years, compensation costs remain high, with 2023/24 seeing the largest payout.
How Does NHS Compensation Work?
When a patient suffers due to a surgical error, they have the right to file a medical negligence claim. These claims are handled by NHS Resolution, a government-funded body that acts as an insurance policy for NHS Trusts, covering legal and compensation costs.
What Causes Surgical Errors?
National data from NHS Resolution reveals that, in the past five years, there have been 11,700 claims for surgery-related errors across the UK, with 8,753 cases settled. The most common causes of these claims include:
- Failure or delay in treatment – 1,999 claims
- Unnecessary pain and suffering – 1,990 claims
- Errors during general surgery – Among the top reported issues
Surgical errors can range from misdiagnoses, delayed treatment, wrong-site surgeries, or post-operative complications.
Legal Expert’s View on Surgical Negligence
Gareth Lloyd, a medical negligence solicitor at JF Law, explained that while surgical errors are rare, every operation carries risks. If something goes wrong, the consequences can be lifelong, leading to significant distress and financial burden for the affected patients.
NHS Compensation Costs Nationwide
- Every year, 12,000 medical negligence claims are filed against the NHS in England.
- These claims cost the NHS £8 billion annually, which accounts for 6.7% of NHS England’s total budget.
- Of these claims, 1,000 cases are related to general surgery, while others involve neurology, orthopaedics, oral, maxillofacial, plastic, and vascular surgeries.
Somerset NHS Foundation Trust’s Response
Somerset NHS Foundation Trust, which operates Musgrove Park Hospital in Taunton and Yeovil Hospital, has acknowledged the claims and stated that they are committed to providing high standards of patient care.
Statement from Somerset NHS Trust:
- The Trust has governance systems in place to investigate errors and improve patient care.
- When things go wrong, they work to identify the cause, learn lessons, and implement additional training.
- They aim to prevent future errors through enhanced medical education and procedural improvements.
While Somerset NHS Trust has seen a reduction in surgical error claims over the years, the large compensation payouts indicate ongoing concerns about patient safety and surgical negligence. With £10 million paid in five years, it is clear that medical errors carry a significant financial and emotional cost.
As the NHS continues to handle thousands of claims each year, improving training, patient care, and error reporting systems will be crucial to reducing medical negligence cases and rebuilding trust in healthcare services.
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