Private hospitals are not liable in contract for consultants under “all-inclusive” treatment package

Litigation in healthcare remains a key focus for the private sector as well as the NHS.

Two top insurance cases: potential for larger schedules of loss in catastrophic injury cases and might we see a refinement of factual causation in consent cases?

Increased use of Artificial Intelligence (AI) in healthcare will warrant greater legal governance.

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.

Summary of all the cases of note this year.

Following any award of compensation to a Claimant, the Claimant’s solicitors are entitled to recover their costs and disbursements such as expert fees. In some cases, the costs being sought can be far greater than the damages awarded.

Churchill v Merthyr Tydfil CBC [2023] EWCA Civ 1416, heard last year, confirmed that a Court can order a mediation (or other non-court alternative dispute resolution).

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 Civil Liability Act 2018 requires the Government to review the Personal Injury Discount Rate (PIDR) in England and Wales at least every five years, with the formal review starting on 15 July 2024 and due to be completed by 11 January 2025.

The DCP is the pilot of an online portal for the management of certain civil claims.

The focus on growing the Life Sciences sector in the Labour manifesto present both risks and opportunities for insurers. Our experts outline what those opportunities look like and also how risks should be analysed and managed.