Insurance insights: Medical malpractice matters, January 2026

As we welcome the new year, it's fitting to reflect on what 2025 has brought to the medical malpractice landscape whilst considering the challenges and opportunities that 2026 promises.

Reflecting on 2025

The past year has reinforced fundamental principles whilst revealing evolving judicial attitudes. Courts have consistently prioritised contemporaneous clinical records over reconstructed testimony, reminding us that what you don't write can be as damaging as what you do. Expert evidence has faced intense scrutiny, with judges finding that lack of objectivity and logical coherence cannot be compensated by credentials alone.

Beyond the courtroom, 2025 has highlighted the shared nature of healthcare responsibility. Whilst contributory negligence findings remain rare in medical claims, there are signs of evolution, particularly in chronic disease management cases. Medical tourism has surged - over half a million British patients sought treatment abroad in 2024, a 50% increase in two years - creating complex coverage issues for UK insurers. Fertility sector incidents reported to the HFEA increased by more than a third, whilst group action claims continue to proliferate, requiring sophisticated strategic management.

Looking ahead to 2026

Several emerging themes demand attention. The integration of AI into healthcare presents what may be the defining liability question of coming years. Who is responsible when AI-assisted diagnostics fail -hospitals, clinicians, or developers? The absence of clear regulatory frameworks means 2026 will likely see the first significant legal tests.

The expansion of the Montgomery doctrine suggests informed consent obligations will continue to broaden. Healthcare providers are actively pursuing contempt proceedings for fundamental dishonesty, with immediate custody a realistic outcome. Medical tourism will require insurers to revisit policy wordings, and group actions will continue to challenge traditional claims management approaches.

A shared journey

The articles in this edition reflect the multifaceted nature of modern medical malpractice - from courtroom battles over documentation standards to AI integration challenges, from medical tourism to fertility sector vulnerabilities. What unites these themes is the fundamental importance of clear communication, robust documentation, objective expertise, and patient-centred care.

As we look to 2026, we do so with the understanding that the challenges ahead require adaptability, rigour, and an unwavering commitment to the principles that serve medical malpractice practice well: meticulous preparation, objective analysis, and clear strategy.

We hope you find this edition both informative and thought-provoking as we embark on another year together.