This article is published as part of Capsticks’ Medical Malpractice Forward View 2022.

The pandemic has seen an acceleration in the use of technology: remote GP consultations, the use of apps for ‘track and trace’ and AI as a diagnostic reporting tool (e.g. in radiology).  They produce a number of legal challenges from patient selection for remote consultation to managing the tension created by AI between the responsibility of individual practitioners and healthcare organisations. All contain the common thread of processing sensitive personal data. As use of technology in the health sector expands further, legal issues are likely to centre on information governance.

What this means for you: When processing personal data, healthcare organisations need to demonstrate compliance with GDPR. Data must be kept confidential, safe and securely stored in compliance with cyber security regulations. Organisations should also remember that harvested data should be limited to what is necessary and not retained longer than necessary. Cyber security attacks are on the increase, so organisations should review the adequacy of their cyber security cover and check that they are complying with any policy requirements.

Medical Malpractice Forward View 2022 

This article is part of Capsticks’ Medical Malpractice Forward View 2022. 

Read the other articles featured in this publication below: 

• Spotlight on two liability decisions to watch out for in 2022
• Fixed recoverable costs in low value clinical negligence claims are on the horizon
• Concussion injury in elite sport will remain in the headlines
• Inquests: failures of care during the pandemic may be scrutinised more closely, but ‘following the science’ will likely continue to be the dominant theme on causation
• Procedures and policies, including national policy decisions, will be central to the defence of Covid-related claims
• The latest on the Covid-19 Public Inquiry
• Learning from the Paterson Inquiry: new legislation on regulation, co-operation between regulators and more
• The rollout of technology to support the delivery of care will continue apace, with data security coming into ever sharper focus
• There is likely to be an increase in the number of clinical trials
• Safety of medicines and medical devices will come under closer scrutiny

Get in touch

Aiming to be the firm of choice for medical malpractice insurers and healthcare providers, we advise and support on all aspect of medical malpractice claims and inquests. 

To discuss how any of these issues may affect your organisation, please get in touch with Majid Hassan, Sarah Bryant or Ed Mellor.