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Home > Delayed diagnosis /misdiagnosis cases

After-The-Event insurance for misdiagnosis or a delay in diagnosis

Clinical negligence cases involving a misdiagnosis or delay in diagnosis can be complex and expensive. Let Temple take the stress out of pursuing these cases with a delegated authority scheme. Our clinical negligence ATE insurance product can cover the cost of obtaining expensive medical evidence – both in the event of an unsuccessful outcome as well as the risk of failing to beat a Part 36 offer.

We insure a range of delayed diagnosis and misdiagnosis case types, including:-

  • Cauda Equina Syndrome
  • Delays in cancer diagnosis
  • A misdiagnosis resulting in unnecessary surgery
  • A delay in a diagnosis that results in additional pain and suffering

Our delegated authority insurance scheme allows you to smoothly proceed to get the best results for your clients. The proven expertise and experience of our underwriters means we can offer some of the widest insurance cover, backed by a second-to-none service for you and your clients.

With full delegation for ATE insurance scheme holders throughout the life of the case, along with one of the highest limits of indemnity in the market, this means specialist clinical negligence litigators are able to pursue their client’s cases with complete peace of mind.

There are no reporting requirements in order to incur disbursements, make/reject Part 36 offers or even to issue court proceedings. Other advantages we offer include –

  • A user-friendly online system (‘TOPS’) for incepting and updating policies
  • Access to Temple Disbursement Funding for any insured case
  • A quick turnaround time for all referrals, and the important decisions you need
  • Deferred payment of premiums until the conclusion of the case
  • A dedicated premium challenge team to assist in the recovery of the premium

Proven success

With the assistance of our clinical negligence ATE insurance and disbursement funding products, clients of leading clinical negligence law firms have been able to pursue their cases all the way to trial. Previously this may not have been possible, due with the large amount of cost involved.

Within the misdiagnosis/delayed diagnosis case sector Cauda Equina Syndrome claims are a speciality of ours – click here to read about our successes with these.

Don’t just take our word for it

See what a number of leading clinical negligence litigators have said about our products and service – click here for their views on the service we offer.

Your questions answered

What if I need more cover for my misdiagnosis case?

Our product provides a standard £50,000 for breach and causation reports along with an additional £250,000 for all other expenses which is sufficient for the majority of cases. If additional cover is required, this can be topped up.

When should I obtain ATE insurance for my misdiagnosis case?

As soon as you are able to assess the prospects of success. This is normally following a full review of the medical records, however, due to the complex nature of misdiagnosis cases, it may be necessary to obtain an expert’s opinion on causation if there are any uncertainties.

I’ve incurred several disbursements on my client’s misdiagnosis case, such as expert evidence prior to obtaining insurance, will these be covered under the policy?

Yes, disbursements incurred following the date of the CFA will be covered under the policy.

The Defendant has shown interest in mediation, what is Temple’s position towards ADR?

We encourage the use of ADR and the cost of this will be covered under the policy.

Contact our experts

If you would like more information on our Clinical Negligence ATE product and disbursement funding or you have any other legal expenses insurance queries, please email david.stoker@temple-legal.co.uk or call 01483 577877. We look forward to hearing from you.

David Stoker, LL.B (Hons)

Senior Underwriter

01483 514 808

David Stoker, LL.B (Hons)

David joined Temple in 2015 having previously been an underwriter for another ATE insurance provider for nearly 9 years dealing with all aspects of personal injury work.

David’s experience allows him to undertake a key role in Temple’s ATE insurance personal injury and clinical negligence teams. He also participates in the assessments of delegated schemes that Temple provide with the objective of helping our customers make the most of the products and services Temple has to offer.

David has a LLB honours degree in law and also completed the Legal Practice Course at Guildford College of Law obtaining a commendation. He has worked as a personal injury case handler for 2 firms of solicitors post-graduation before moving into LEI.