https://online.boneandjoint.org.uk/doi/pdf/10.1302/0301-620X.102B5.BJJ-2019-1759?casa_token=W4lnktDjIwUAAAAA:S4vPEulmvD3H3TsX23Bn1SEOlhmjO5CLWlpxOvDxHOFU7yoXCDnal-0ia1NsERgM6wnrx0bIrpTnCeo Birch & Todd, BJJ, 2020. In the UK, the cost of negligence claims continues to rise despite no increase in the number of cases overall 2016-2019. Failure to warn alleged in 26% of orthopaedic cases. Allocating time to do consent properly is cost-effective.
I note that this increase in cost may be explained in part by the lowering of the Discount Rate from +0.25 to -0.75% in 2017, although it has been raised in 2019 up to – 0.25. As explained on the Gov.uk website https://www.gov.uk/government/news/lord-chancellor-announces-new-discount-rate-for-personal-injury-claims#:~:text=justice%20and%20law-,Lord%20Chancellor%20announces%20new%20discount%20rate%20for%20personal%20injury%20claims,Discount%20Rate%20at%20minus%200.25%25.:
‘Today’s announcement will increase the discount rate by 0.5% to minus 0.25%. In practice this could see an adjustment as follows: 30 year old male with annual financial costs of £50,000. Under existing minus 0.75% he would be awarded £2,935,500. Under the new rate (minus 0.25%) he would be awarded £2,565,250, a difference of £370,250’.
A small difference in the Discount Rate makes a big difference to compensation sums.
https://academic.oup.com/qjmed/article-abstract/doi/10.1093/qjmed/hcaa082/5809454
Wald, Bestwick & Kelly, 2020. Since the Montgomery ruling, the incidence of claims for failure to inform has risen 4-fold as a principal cause of litigation; and 9-fold as a contributory cause. No difference was seen in other types of claim.