Litigation in healthcare remains a key focus for the private sector as well as the NHS. In our annual Forward View, we provide Insights into some of the cases and issues that are likely to be in the news over the coming year which doctors, health providers and their indemnifiers should be aware of.  

A full list of insights can be accessed below:

Spotlight on two cases

• Potential for larger schedules of loss in catastrophic injury cases 
• Might we see a refinement of factual causation in consent cases? 

On the horizon 

• Increased use of Artificial Intelligence (AI) in healthcare will warrant greater legal governance. 
• The new personal injury discount rate could lead to novel arguments on quantum and more requests for periodical payment orders. 
• There is likely to be closer scrutiny of the actions of managers when patients are harmed. 
• Will proposals for Lower Damages Fixed Recoverable Costs (LDFRC) ever become law?  
• The government’s waiting list initiative will bring both opportunity and risk for the private sector. 
• Good communication and rehabilitation may have greater emphasis at pre-action stage. 
• New clinical trials framework should speed up trial approvals and encourage innovation. 

How Capsticks can help

Capsticks aims to be the firm of choice for medical malpractice insurers. We advise and support on all aspect of claims ,inquests and associated proceedings. Our experts are routinely instructed to assist and support insurers and their insured.

If you have any queries around what's discussed in the insights, and the impact on your organisation, please contact Majid Hassan, Cheryl Blundell, Ed Mellor or Sarah Bryant.