The reality is that in 2025, private practice claims are rising, fueled by increased patient expectations, a more litigious environment, and the growth of telemedicine and digital health services. Understanding where claims arise is the first step in managing that risk.

Misdiagnosis and Delayed Diagnosis

Misdiagnosis remains the leading cause of malpractice claims across private GPs, specialists, and telemedicine providers. Conditions such as cancer, sepsis and cardiovascular disease are frequently cited as being missed or diagnosed too late. In telemedicine consultations, disputes often arise where the lack of physical examination or incomplete notes make it difficult to demonstrate that the standard of care was met. For private GPs working in concierge or wellness clinics, the expectations of patients are often higher, which further increases their exposure to litigation.

Surgical and Procedural Errors

Surgical and procedural errors continue to represent a significant source of claims within the private sector. Orthopaedics and general surgery remain the most high-risk areas in hospital practice, while cosmetic and aesthetic procedures often lead to allegations of poor outcomes, inadequate consent processes, or the use of unlicensed products. In many of these cases, disputes are less about the technical skill of the clinician and more about whether the risks were clearly explained to the patient and if adequate consenting processes were followed.

Medication and Prescription Errors

Medication-related claims remain a consistent issue for private practice. Wrong dosages, incorrect prescriptions, and failures to monitor for side effects are common allegations. In clinics where electronic prescribing is not fully implemented, these risks are amplified. A growing area of concern involves vitamin infusion and wellness clinics, where disputes arise if products are not appropriately prescribed, monitored, or administered. Modern data suggests that electronic prescribing systems can reduce errors by as much as 30%, yet gaps in adoption remain a challenge.

Maternity & Women’s Health

Whilst the NHS continues to bear the brunt of high-value maternity negligence claims, private obstetric and gynaecology consultants are not immune. Allegations around delayed caesarean sections, poor foetal monitoring, and traumatic deliveries are frequently encountered. Fertility clinics are also increasingly exposed, particularly where claims arise from errors in embryo handling or from a lack of transparency around the success rates of treatment. These cases, while fewer in number than NHS claims, can be equally high in value given the lifelong impact on families.

Negligent Advice, Consent and Follow-Up

A growing area of litigation in private practice involves allegations of negligent advice, insufficient consent, or poor follow-up care. In telemedicine, patients may allege that advice was incomplete or inadequately documented. In the cosmetic and aesthetic sector, disputes are often driven by the gap between marketing promises and clinical outcomes. Furthermore, many claims focus on the perceived absence of adequate follow-up after treatment or surgery, where patients feel unsupported once the procedure has been completed.

Paediatric and Lifelong Care Claims

Paediatrics and neurology within private practice are particularly sensitive areas, with claims often involving birth injuries, missed congenital conditions, or developmental delays. These claims are typically high in value due to the lifelong care requirements that accompany such outcomes.

Emerging Risks in Private Healthcare

In addition to the traditional categories of claims, private practitioners must now contend with emerging risks. Cyber disruption, for instance, has become a tangible threat, with clinics relying heavily on digital systems to manage patient care. Should a cyberattack or IT outage delay treatment, patients may allege negligence. Cross-border telemedicine introduces another layer of complexity, as UK clinicians offering services abroad may face jurisdictional disputes. Finally, aesthetic businesses employing non-medical staff can also be exposed if supervision and indemnity arrangements are not clearly defined.

Legal and Regulatory Environment

From a legal perspective, several developments have shaped the malpractice landscape. The Duty of Candour continues to apply across both NHS and private settings, requiring transparency when things go wrong. The Care Quality Commission has sharpened its focus on governance, consent processes, and complaints handling. In 2024, the Supreme Court ruling in Paul v Royal Wolverhampton NHS Trust clarified the limits of secondary victim claims, reducing the likelihood of successful claims from family members who witness medical negligence. Furthermore, NHS reforms now require complaints to be addressed within 60 days, a standard that private practices are increasingly being measured against.

NHS vs Private Practice: Key Claims in 2025

Whilst the NHS continues to dominate the headlines for high-value claims, particularly in maternity, the private sector faces its own distinct set of exposures. The table below summarises the key areas of malpractice risk observed across both sectors:

Conclusion

In 2025, private practitioners, surgeons, and clinics are navigating an increasingly complex malpractice environment shaped by higher patient expectations, evolving technologies, and a more litigious culture. The most effective defence lies not only in clinical skill but also in clear communication, robust consent procedures, meticulous documentation, and strong governance frameworks.

As the landscape continues to shift, with digital health, cross-border practice, and regulatory scrutiny all on the rise, staying proactive is essential. Clinicians who anticipate emerging risks and adapt their processes will be best placed to protect patients, maintain trust, and safeguard their professional standing.

At Medicas, we recognise that no two practices face the same risks. Our role is to provide specialist indemnity solutions that are tailored, comprehensive, and responsive to the realities of modern private healthcare. With the right support, practitioners can face these challenges confidently, ensuring their focus remains where it belongs: delivering safe, high-quality care.

Disclaimer: This article is provided by Medicas for educational purposes only. It does not constitute legal advice, and practitioners should seek appropriate legal or professional counsel regarding their specific circumstances.