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After-The-Event insurance for Prescription and Medication Claims

Clinical negligence cases for mistakes when prescribing medication and completing prescription forms can be complex. This is often in relation to causation, with the injuries set against a client’s co-morbidities, meaning reports may be needed in more than one discipline.  Temple’s clinical negligence ATE insurance cover will cover the cost of obtaining the required medical evidence. This applies whether it is needed due to the failure either to beat a Part 36 offer or an unsuccessful outcome.

We insure a range of range of prescription and medication case types including:

  • Failure to prescribe the correct medication
  • Failure to prescribe the correct dosage
  • Failure to fill the prescription form in correctly, thus providing medication other than prescribed
  • In respect of controlled medications, such as methadone, failure to ensure the patient is witnessed taking the medication

Our ATE insurance scheme provides full delegated authority. This allows you to concentrate on progressing the case and obtaining the best possible result for your client.  Our underwriters have proven expertise and experience of these case types and the scheme is backed by an A-rated insurance capacity provider.

There are no requirements to seek authority for incurring disbursements, making and rejecting Part 36 offers or issuing court proceedings; we simply ask that you update us at material stages as the case progresses.  Other advantages we offer are:

  • A user-friendly online system (‘TOPS’) for incepting and updating policies
  • Access to Temple Disbursement Funding for any insured cases
  • A quick turnaround for all referrals, and the important decision 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

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

When should I obtain ATE insurance for my client’s case?

We would ask that insurance is sought as soon as you have been able to make an assessment of the prospects of success. We would expect this to have included a full assessment of the medical records.

I’ve incurred several disbursements on the case prior to obtaining insurance, would these still be covered?

Yes, we provide full retrospective authority from the date of the CFA.

The defendant has suggested mediation, would this be covered under policy?

Temple support and encourage the use of mediation. We offer mediation incentives, should the case settle at mediation.

Contact our experts

If you would like more information on our clinical negligence ATE cover and disbursement funding or you have any other legal expenses insurance queries, please email or call me on 01179 595 495. I look forward to hearing from you.

Matthew Best Cert CII

Head of Personal Injury & Clinical Negligence

Matthew Best Cert CII

Matt has an insurance background and joined Temple in 2011 having worked for 4 years in a leading insurance company where he was dealing with personal injury work. Matthew was promoted to Underwriting Manager and subsequently Senior Underwriting Manager taking on overall responsibility for Temple’s personal injury and clinical negligence underwriting department.

In 2022 Matt joined the board of directors as Director of ATE Partnerships. Matthew has cultivated fantastic relationships with our business partners for many years. His ability to build a clear understanding of their requirements and more importantly what is required to fulfil such requirements means he is ideally placed to support the strategic direction of the company.

Matt remains the head of the personal injury and clinical negligence department and is committed to all Temple’s business partners in order to deliver the highest level of service they expect. He is also responsible in making sure that Temple’s ATE and disbursement funding products remain competitive, but most importantly that they are fit for purpose for solicitors and their clients.