2026 promises to be a year when technology in healthcare will continue to progress forward at pace and calls for greater regulation and control on this and new and innovative treatments continue to rise.

In this month’s Housing case alert, our experts, Gavinder Ryait, Sarah Christy and Paul Lloyd, summarise the housing cases following the Court of Appeal and Lands Chambers' recent hearings.

This insight is published as part of Capsticks’ Medical malpractice insurance: half-year review 2025.

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.