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Home > Surgical Negligence Cases

After-The-Event Insurance For Surgical Negligence Cases

Surgical negligence is one of the most common case types that Temple insures; this means we have a deep understanding of the risks these cases present. Our law firm customers and their clients are confident that we will cover the cost of expensive medical evidence if there is an unsuccessful outcome to their case, as well as the risk of failing to beat a part 36 offer.

We insure a range of cases, including:

  • General Surgery
  • Elective Surgery
  • Cosmetic Surgery

Common types of surgical negligence we often encounter:

  • The wrong operation being performed
  • Operation not carried out to the standard required
  • Foreign objects left in the body
  • Organs being perforated
  • Cosmetic surgery causing scarring and disfigurement
  • Infection caused by poor hygiene

The advantage of using Temple Legal Protection ATE insurance

The collective expertise and experience of our underwriters has allowed us to develop market-leading insurance cover, backed by a truly first-class service for you and your clients. With full delegated authority provided for the life of the case, along with one of the highest limits of indemnity available, our partner clinical negligence solicitors are able to pursue their clients’ cases with complete peace of mind.

There are no reporting requirements to incur disbursements, make/reject part 36 offers or even to issue court proceedings. Quite simply, Temple’s ATE insurance delegated authority scheme allows you to proceed to get the best results for your clients.

Other advantages include:

  • A user friendly online administration system for incepting and updating policies
  • Access to apply for disbursement funding on any insured case
  • A quick turnaround time for all referrals, and the important decisions you need
  • Deferred payment of premiums – not required until the conclusion of the case
  • A dedicated premium challenge team to assist in the recovery of the premium

Proven success

With the combination of Temple ATE insurance and Temple disbursement funding, many law firm’s clients have been able to pursue their surgical negligence case all the way to trial, which may not have otherwise been possible due to the large amount of cost involved.

Don’t just take our word for it

Click here to see what a number of firms have said about our product and service.

 Your Questions Answered

What if I need more cover for my surgical negligence case?

Our ATE insurance provides extensive cover for initial breach and causation reports. The limit of indemnity starts at £15,000 rising to a maximum of £50,000, depending on the value and complexity of the case. Once liability and causation reports have been obtained, there is 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?

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 surgical negligence cases, it may be necessary to obtain an expert’s opinion on causation if there are any uncertainties.

I’ve incurred several disbursements 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 mediation?

We encourage the use of ADR; the cost of this will be covered under the policy along with offering further mediation incentives.

Contact our experts

If you would like more information on our clinical negligence ATE insurance and disbursement funding please email david.stoker@temple-legal.co.uk or call me on 01483 514 808. I 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.