Timely advice and guidance to the insured clinician or therapist is often vital, especially as many have limited experience of claims or disciplinary action.
We advise on and defend clinical negligence, medical malpractice and disciplinary and regulatory complaints and claims. We act in relation to a wide spectrum of clinical risks matters, ranging from claims made against hospitals arising out of surgical interventions, through to those against individuals arising out of non-surgical treatments. We have particular experience in claims arising out of surgical procedures (including cosmetic surgery), non-surgical cosmetic procedures, chiropractic treatment and complementary therapies.
Timely advice and guidance to the insured clinician or therapist is often vital, especially as many have limited experience of claims or disciplinary action. Because we are dedicated to serving the insurance industry, our specialists are ideally placed to provide advice on indemnity reserves and claim resolution to insurers. We also understand the importance of recommending realistic yet cost-effective defence costs reserves and then ensuring panel providers keep to those budgets.
In clinical settings there is the potential for some uncertainty over whether a particular incident should be covered by a clinical risks indemnity policy (‘med mal’ policy) or a Public Liability policy. Examples can include incidents and therefore claims arising out of the movement of patients around hospital, clinic or care-home premises.
Whether a claim is classified as a med mal or a Public Liability incident, our claims handlers have the expertise to investigate and defend the claim.
Following on from Montgomery, the law on consent makes it easier for claimants to succeed in claims by showing that the consent process was deficient. In cases involving allegations of failure to consent, claimants may also obtain a higher settlement payment. Having a claims team that understand this, as well as the pressures both insureds and insurers are under, is more important now than ever.
We have the ability to provide a medico-legal helpline (staffed by a combination of a medically-qualified claims handler, qualified lawyers and claims handlers). In our experience, most of the calls require us to assist in the very first step in investigating a Circumstance or Claim, and either proactively handled to resolution within our delegated authority, or reporting to insurers with a concise summary of the notification and with recommendations regarding immediate next steps. Other calls require us to assist with incidents such as suspension of practicing privileges, or early stage GMC investigations. We also produce regular written risk management material for insureds if required.