Since our annual Medical malpractice insurance forward view 2024 was published in February a number of developments have happened, which those indemnifying medical professionals should be aware of.

In this mid-year review, we cover:

• Case law update
  
  • Holmes v Poeton Holdings Limited [2023] - causation and material contribution
  • Man v St George's University Hospital NHS Foundation Trust [2024] - significance of pleadings
  • Clarke v Poole and others [2024] - failure to agree to medical test
  • Spellman v Portsmouth Hospitals University NHS Trust [2024] - approach to pure diagnosis cases
  • Healey v McGrath and Ramsay Healthcare UK Operations Ltd [2024] - apportionment and Part 20 contribution proceedings
  • PHJ v HMA (unreported) - approach to care costs
  • Cases still to be heard: CCC v Sheffield Teaching Hospitals NHS Foundation Trust
• Fixed Recoverable Costs: where are they?
• New damages guidelines published in April 2024
  
  • Sexual/ physical abuse claims
  • Technology
  • 10% uplift to account for future inflation
• Alternative Dispute Resolution becoming integrated into claims processes
  
  • Mediation in Low Value Claims
  • Alternative dispute resolution (ADR) consultation
• Discount Rate Review: what might happen?
• Expansion of the Damages Claims Portal (DCP)

Get in touch 

Aiming to be the firm of choice for medical malpractice insurers and those who they cover, we advise and support on all aspect of claims, inquests and associated proceedings.

To discuss how any of these issues may affect your organisation, please get in touch with Majid Hassan, Ed Mellor or Sarah Bryant.