The latest NHS Resolution Report has revealed a significant surge in clinical negligence claims, with 13,784 new incidents reported for the fiscal year 2023/2024 and the cost of settling NHS clinical negligence claims continuing to increase from £2.7bn last year to £2.8bn. This Sharp rise highlights an alarming trend in the UK’s healthcare sector, where the cost of low-value clinical negligence claims now surpasses the damages awarded to claimants.  As NHS pay-outs continue to soar, it is more crucial than ever for claimants to safeguard themselves with After-the-Event (ATE) insurance.

Understanding The Current Landscape Of NHS Clinical Negligence Claims

The NHS Resolution report for 2023/2024 has raised flags across healthcare and legal communities. With a total of 13,784 new clinical negligence claims, the financial burden on the NHS is growing. What’s more concerning is that the cost associated with low-value claims now exceeds the actual damages awarded. This imbalance creates a precarious situation for claimants, as they may end up bearing significant financial risks if their claims are not managed effectively.

The reasons behind the increase in claims are multifaceted, ranging from rising patient awareness to systemic issues within the NHS that contribute to medical errors. Regardless of the cause, the outcome is clear: the NHS is facing escalating costs, and claimants are now navigating an increasingly complex, risky landscape.

The Role of ATE Insurance In Protecting Claimants

In this challenging environment, ATE insurance emerges as a vital tool for claimants. So, what is ATE insurance? ATE insurance is a type of legal expense insurance that provides coverage for legal costs incurred on the pursuit of a claim, typically after the event (or incident) it is particularly relevant in the context of clinical negligence claims, where the financial stakes can be high.

Here’s how ATE insurance can protect claimants:

1)  Mitigating Financial Risk: If a claim is unsuccessful, the claimant could be liable for the defendant’s legal costs.  ATE insurance covers these costs, ensuring that claimants do not face financial hardship if their case does not go as planned.

2)  Covering Disbursements: Clinical negligence cases often require expert testimony, medical reports, and other disbursements, which can be costly. ATE insurance covers these expenses, allowing claimants to build an extensive case without having to worry about the costs.

3)  Supporting Access to Justice: The fear of high legal costs can sometimes deter individuals from pursuing valid claims.  ATE insurance removes this barrier, making it possible for claimants to seek justice without significant financial loss.

4)  Balancing The Power Dynamic: Taking on large institutions can be daunting due to their vast resource. ATE insurance helps level the playing field, giving claimants the confidence to proceed with their claims.

Why ATE Insurance Is More Important Than Ever

With the NHS facing unprecedented financial pressures, there is an increased likelihood that they will contest claims more vigorously to manage costs. This means that claimants need to be better prepared for lengthy and potentially contentious legal battles. ATE insurance provides a safety net, enabling claimants to proceed with their cases without the fear of incurring unmanageable costs.

Moreover, the rising number of claims and the disproportionate cost of low-value claims indicate a trend where even smaller cases can become financially burdensome. This makes ATE insurance not just a wise choice but a necessary one for anyone considering a clinical negligence claim.

Why Choose Box Legal

Partnering with a reliable ATE insurance provider is critical to ensuring the best outcomes for your clients. With over two decades of legal experience, Box Legal offers tailored ATE insurance solutions that are specifically designed to meet the unique challenges of clinical negligence cases. At Box Legal we offer transparent and straightforward policy terms, ensuring that both solicitors and their clients fully understand the coverage and benefits. Confidently ensure that your client is protected against the financial risks associated with clinical negligence claims, arrange a call with our team today.