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Debate over 1948 Act's private care presumption requires dedicated inquiry into double recovery.
Conclusion
Written evidence from the Medical Defence Union told us that Section 2(4) of the Law Reform (Personal Injuries) Act 1948 is based on a recommendation made in 1946, two years before the establishment of the NHS, which was caveated that it “might need to be radically altered if a comprehensive health service is introduced”.70 Evidence from The Medical Protection Society and the Medical and Dental Defence Union of Scotland suggested that repealing the Act would save the NHS money that could be reinvested into frontline care.71 However, the Association of Personal Injury Lawyers raised concerns that removing the presumption of private care would force patients to return to the NHS institution which injured them in the first place.72 Action against Medical Accidents suggested to us that the issue should be subject to its own dedicated inquiry or review.73 NHS Resolution recognised that it needs to do more to understand the true extent and cost of any double recovery by claimants.74 69 Q 76; C&AG’s Report, para 2.20 70 The Medical Defence Union (CCN0004) 71 The Medical and Dental Defence Union of Scotland (CCN0009); The Medical Protection Society (CCN0019) 72 The Association of Personal Injury Lawyers (CCN0017) 73 Action against Medical Accidents (CCN0018) 74 Q 43 18
Government Response
A response document is linked to this report, dated 7 April 2026. Response attribution to this conclusion has not been verified. Read the response document.
Source
Committee
Public Accounts Committee
Inquiry
Costs of clinical negligence
Report
64th Report - Costs of clinical negligence
30 Jan 2026
HC 1234
Addressee Bodies
HM Treasury
Timeline
Recommendation age
0.6 yr
Report published
30 Jan 2026