Medical malpractice
In this chapter of our Annual Insurance Review 2024, we look at the main developments in 2023 and expected issues in 2024 for Medical malpractice.
Key developments in 2023
Changes to the delivery of healthcare in a post-pandemic world invited new risks in primary care in 2023.
The use of tele-triage and telemedicine for remote consultations has become an established fixture of healthcare organisations following the pandemic, especially in GP practices and urgent care centres. The rise of telemedicine has continued into 2023 with guidance on tele-triage and remote consultations being drip-fed by the NHS throughout the year, as these care delivery methods develop.
In May 2023, the Department of Health and Social Care and NHS England published a joint 'delivery plan for recovering access to primary care'. This plan enforces stricter timeframes, of two weeks, for appointments to be secured for GP patients where an in-person appointment is needed. This thereby expands the role of a GP receptionist in determining the appropriate care pathway for patients, namely whether they need to be seen remotely or in person. They are often assisted by AI generative systems which link clinician questions and care advice to clinical endpoints.
The dispositions and care plans reached are vulnerable to the completeness of the data input into the systems by non-clinically trained staff. Further, there has been an increased reliance on nurse practitioners taking consultations over senior clinicians.
We have seen an emergence of cases where diagnoses are missed when critical information falls between the gaps in tele-triage and telemedicine appointments, and when remote encounters result in a failure to spot tell-tale signs of wider clinical problems. Insurers should therefore pay close attention to the systems used by their primary care Insureds, as the reliance on nurse practitioners, non-clinical staff and the use of AI will continue to develop.
What to look out for in 2024
We predict major developments for medical malpractice in the sports arena in 2024.
In recent years head injuries, and more specifically concussions in sport, have become an issue of significant concern and controversy both legally and scientifically. This is especially true in sports which involve contact, such as rugby union, rugby league, boxing, and American football.
In the UK, the Rugby Union litigation is now swiftly progressing, as the High Court is set to decide which of the claims should proceed as test cases. The group litigation has been brought by nearly 300 former rugby union players, who allege the governing bodies of the sport (RFU, WRU and World Rugby) failed in their duty of care thereby exposing them to concussion injuries, with the Claimants suffering from permanent neurological injuries including early onset dementia, Parkinson’s disease, and the neurodegenerative condition 'CTE'.
There is the potential for a landmark judicial decision that could change the whole way head injuries are treated in sports, potentially spilling over to other contact and even non-contact sports such as horse racing, cycling and Formula 1. The outcome is likely to trickle down and result in an increase in the number of concussion claims brought against professional sports clubs and team doctors. We are already seeing these trends.
Ultimately, continuous developments in the understanding of concussion, and the litigation of head injuries in sports, will inevitably bring about changes in what is required of sports physicians and organisations to mitigate the risks of brain injuries. Insurers for governing bodies, sports clubs and team doctors must remain alert to this rapidly developing area of sports litigation.
Written by James Davies.