Insurance Covered Insurance For medical malpractice (With Lewis Davies)
Feb 23, 2026
Lewis Davies, Senior Development Underwriter at Hiscox and 2024 Underwriter of the Year, explains medical malpractice insurance in bite-sized terms. He discusses common claim types like misdiagnosis and surgical errors. Coverage scope for clinicians, NHS indemnity, policy exclusions, major loss drivers such as birth injuries, and future pressures including AI and healthcare backlogs are covered in clear, engaging detail.
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Difference Between Medical Malpractice And Clinical Negligence
- Medical malpractice and clinical negligence are used interchangeably in insurance but differ legally in scope in the UK.
- Medical malpractice is an internationally recognised term focusing on doctors, while clinical negligence covers a wider range of health professionals in UK law.
Two Core Categories Of Malpractice Claims
- Malpractice claims split into failure to resolve the presenting ailment (eg misdiagnosis or delayed diagnosis) and harm caused during treatment (eg wrong drug or surgical error).
- Distinguishing acts of omission versus commission is key because patients already have pre-existing conditions when they seek care.
Insist On Organisation Level Cover As Well As Personal Policies
- Organisations should hold their own clinical negligence cover in addition to clinicians' personal policies to avoid uninsured gaps.
- This prevents disputes between insurers over who pays when blame is shared between individual and organisation.