We aim to provide our members with clear insights into the duration and process of a claim to help you prepare and feel reassured should you encounter one.
Below is a timeline of what to expect:
On average, a claim takes three years to conclude from the initial request for records, however numerous factors influence the duration. Complexity and disputed amount are crucial in determining the timeline, yet our commitment remains unwavering throughout.
As we progress from initial stages through to trial, surgeons should allocate the following time:
Letter of Response to Letter of Claim: 2-4 hours, including discussions with the solicitor, addressing allegations, and proofreading. If an expert's input is sought, an additional hour may be necessary to review and comment on the report.
Proceedings issued/ drafting the Defence: 6-10 hours, involving review of allegations in the Particulars of Claim, expert input, conference with solicitor, expert, and barrister (2-5 hours), and reviewing the Defence before submission.
Dispute Resolution: Negotiations (mediation, arbitration, etc.) may require 10-25 hours over several months, involving discussion of case strengths and weaknesses, strategy and meetings with legal teams.
Trial: Typically a week for a clinical negligence civil trial, requiring the surgeon's full attendance each day, with possible travel and overnight stays.
These timeframes are approximate, as review durations and meeting lengths can vary. Surgeons can now attend most pre-trial events remotely, with Zoom or Teams meetings being common. Previously, travel to law firm offices was standard.
Cost and Duration of Claim Processing:
Our data reveals that the average cost to defend a claim stands at £17,783. This includes expenses from pre-action stages, typically costing between £1,000 to £2,000, to cases extending over several years, reaching five-figure sums. Among these, 13 claims surpassed £100,000, with 2 claims exceeding £250,000 in defense expenses.
Estimating the processing time varies greatly based on claim complexity. Claims concluding preaction typically span up to four months, with finalization contingent upon the expiration of the limitation period. Conversely, claims proceeding to trial may keep files open for a minimum of 3 years, often longer. Most claims fall between these extremes, averaging 2-3 years from initial notification to conclusion.
Our Approach to Claim Processing:
Efficiency and simplicity are paramount in our approach to processing claims. We swiftly address low-value claims within a year if an incident of negligence is evident and the resulting injury is straightforward. However, in cases of factual disputes regarding negligence or severe injuries with complex future needs, the resolution process understandably extends. Here, our comprehensive approach ensures that every side is meticulously examined, allowing for a thorough and fair resolution.
Member Involvement and Support:
Upon receiving a Letter of Claim, our member’s input is sought to aid in drafting the Letter of Response, ensuring accuracy and precision. Meetings, whether virtual or in-person, are orchestrated efficiently with expert involvement. As proceedings advance, the need for our member’s involvement intensifies, necessitating their input for drafting a Defence and shaping future strategies.
Throughout this process, our continuous support remains fixed, with regular meetings conducted to ensure alignment and progress.
Negotiation and Resolution:
Our system prioritises negotiation and resolution, utilizing ADR (Alternative Dispute Resolution) methods such as mediation or settlement meetings. Even during these negotiations, our member’s expertise is invaluable, with their witness statement serving as a crucial component of the proceedings. While trials are a last resort, our preparedness remains unparalleled. In the rare event that a trial becomes necessary, we support our members every step of the way, with trials typically lasting no more than two weeks due to our comprehensive pre-trial preparations.
Instances where claims did not progress further.
In the last 14 years, 79% of reported cases did not evolve into formal claims. While there is some room for error, as newer cases reported may potentially transition into claims, this statistic generally holds true. Many notifications serve as precautionary measures, providing practitioners with reassurance, although they may not necessarily materialize into formal claims.
At Incision, we redefine medical indemnity, offering comprehensive support, streamlined processes, and unwavering commitment to our clients' needs.
Get in contact with our team for more information.
How can we help our members, when they face a claim?
Consider a doctor, who is a talented surgeon renowned for their precision. Despite the utmost diligence, one of their patient’s outcomes and expectations is different to what they provided.
The doctor believed they did the right thing and took the right action. The patient didn’t, and the net result of this difference is a claim. In moments like these, our role becomes crucial. We step in, providing support and can manage the intricacies of the claim, allowing doctor’s and surgeons to continue their vital work with a sense of security.
In the complex world of healthcare, safeguarding both patients and practitioners is paramount. We understand that the medical field is dynamic, and challenges may arise unexpectedly. We have at the time of writing in 2024, 790 surgeons who have put their trust in us to provide support and ensure in the event of a claim happening, they have the right cover in place.
We hope that they never have to call us. We know they are great surgeons and have built brilliant practices and reputations, but sadly in the last 12 months, 311 of those individuals have faced moments of uncertainty and needed our support and guidance. When the unexpected and unwanted call happens, from a patient making a claim, our 24/7 in-house medico-legal team swiftly operates and provides expert guidance, helping to offer reassurance and clarity during challenging times.
In understanding the landscape of medical indemnity claims, it's crucial to consider the likelihood of claims across different specialties. We live in litigious times and most surgeons can expect to be on the receiving end of a Letter of Claim, whether from NHS or Private work, at some point in their career. However, just because a claim is brought does not necessarily mean that it will succeed.
We are proud to be one of the longest standing Medical Indemnity Insurance Providers. We are proud to provide guaranteed cover and support to an industry that previously was given no certainty about covering claims. Since 2010, we have put in place 7,701 policies to surgeons all over the UK and these have served as beacons of protection.
Within this time span, we've managed 2,503 claims - a tangible representation of the unpredictable nature of healthcare. This equates to 32.5% of policies resulting in claims, illustrating the reality that even the most dedicated practitioners can face unexpected hurdles.
Why do we believe it’s important to share this information?
For 2 reasons:
At Incision, we understand the pressures and challenges surgeons face when dealing with claims. That's why we've assembled a team of trained medical professionals dedicated to minimizing the
stress and strain on you during this process.
With the surge in new private patients (with over half a million new private patients being added into insurance policies each year) and the heightened risk of claims, even the most skilled surgeons are not immune. Nearly 1 in 3 surgeons has faced this challenge, and many turn to us for support. One of our returning surgeons said to us recently ‘when a claim happens, there is only
one team I want to support me and that’s Incision’.
While we hope it never happens to you, can you trust your current insurer to handle a claim with the care it deserves? Our ethos prioritizes transparency, reliability, and unwavering support, ensuring our members receive dependable protection every step of the way.
Ready to discuss your policy with an experienced insurance professional? Get in contact and let's tailor a plan that fits your practice and future goals.
Get in contact with our team for more information.
Extending far beyond our comprehensive coverage, Incision provides all members with a wealth of risk management material, educational resources and 24/7 in-house medico-legal support.
Incision Indemnity
c/o Paragon International Insurance Brokers Ltd
140 Leadenhall Street London EC3V 4QT
Medico-legal Advice 0333 010 2826
Membership Information 0333 444 1515
Incision is a trading name of Paragon International Insurance Brokers Limited (Paragon) which is authorised and Regulated by the Financial Conduct Authority and is an Accredited Lloyd’s Broker. Registered in England. Company no. 03215272. Paragon International Insurance Brokers Limited, 140 Leadenhall Street, London, EC3V 4QT