General damages cover the damages payable to the injured party for pain suffering and loss of amenity (PSLA) as opposed to quantifiable economic losses known as special damages. The Judicial College Guidelines (JC Guidelines) are a key part of the evidence used to determine the level of PSLA awarded to injured parties. Changes, which came into force in April 2024, mean that claimants can claim more in compensation for their injuries – an estimated 22% increase overall, which aims to bring the current figures in line with inflation..

Three key changes are:

Sexual/ physical abuse claims

Chapter 4 (c) was a new addition in the 16^th Edition of the JC Guidelines. In addition to physical and psychological damages, this also includes aggravating factors such as, but not limited to, the injured party needing to recount the abuse in legal proceedings. The updated guidelines now specifically reference image-based abuse which has not previously been referred to.

Technology

In the preamble of Chapter 2, the guidelines explain the implications of Scarcliffev Brampton Valley Group Ltd [2023]. This case confirmed, in a general sense, that if a need (restored function or reduced pain) can be met with the assistance of aids and technology then the general damages figure should be appropriately reduced.

10% uplift to account for future inflation

In addition to the 22% increase mentioned above, a 10% uplift can be applied to account for future inflation.

Reserves and offers to settle should reflect the updated brackets. It is appropriate to apply an uplift to the RPI between August 2023 and the date for any assessment of damages hearing as this is when the rates were set for this edition.

Medical malpractice insurance: mid-year review 2024

• Case law update
  
  • Holmes v Poeton Holdings Limited [2023]
  • Man v St George's University Hospital NHS Foundation Trust [2024]
  • Clarke v Poole and others [2024]
  • Spellman v Portsmouth Hospitals University NHS Trust [2024]
  • Healey v McGrath and Ramsay Healthcare UK Operations Ltd [2024]
  • PHJ v HMA (unreported)
  • Cases still to be heard: CCC v Sheffield Teaching Hospitals NHS Foundation Trust
• Fixed Recoverable Costs: where are they?
• 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.