Medical Malpractice Forward View 2021
27/01/21
In this year’s forward view, we consider issues ranging from the practicalities of future court hearings in a pandemic to resource arguments that will have to be considered in claims as well as key decisions in the year ahead.
Safety and learning will remain front and centre in healthcare
25/01/21
Improving safety and learning from medical mistakes is central to reducing harm in healthcare. 2020 saw a number of key reports being published.
Resource issues likely to have a significant role in determining the standard of care in claims arising during the pandemic
25/01/21
Patients who have had their treatment for a particular condition delayed due to COVID-19 restricting hospital resources may consider legal action in the future.
The roll-out of digital healthcare is likely to continue apace
25/01/21
The last year has seen a rapid acceleration in the use of remote electronic consultations. Clear benefits to clinicians and patients coupled with pressure on resources mean that we are unlikely to go back to the way things were before.
Decision in Maughan may lead not only to an increase in requests for an unlawful killing conclusion at inquest, but have wider consequences
25/01/21
The recent Supreme Court decision in Maughan means that all inquest conclusions (including suicide and unlawful killing) should now be decided on the balance of probabilities, rather than the criminal standard of proof which applied previously.
AI likely to assist in the post-Covid recovery of healthcare services, but could be a ‘disrupter’ in healthcare law
25/01/21
In recent years we have started to see Artificial Intelligence (AI) being used across medicine from radiology reporting to cancer diagnosis and ophthalmology.
Spotlight on two pending court decisions
25/01/21
Two cases awaiting decisions from the Supreme Court and Court of Appeal respectively, could have a significant impact for healthcare organisations.
Tackling Covid deniers: Key steps for NHS organisations
14/01/21
As well as damaging the morale amongst NHS workers, the actions of “Covid deniers” mislead the public at a time where it's crucial people comply with public health rules. In this insight, we outline the key steps for tackling this issue.
Independent report finds gender pay gap in the medical workforce narrowing very slowly
22/12/20
“Mend the Gap: The Independent Review into Gender Pay Gaps in Medicine in England”, commissioned by the DHSC, examines the structural and cultural barriers affecting the female medical workforce. We summarise the findings and what they mean for you.
Learning from ICO audit reports in the healthcare sector
11/12/20
The Information Commissioner’s Office can undertake agreed or compulsory audits as part of its regulatory powers. We have reviewed 13 recent audit reports for NHS organisations to identify common themes for potential learning in several key areas.
Gillick competence: Learning from Bell v Tavistock and Portman
08/12/20
In this case on the lawfulness of prescribing puberty-suppressing drugs to children with gender dysphoria, the judgment includes a factor analysis in assessing Gillick competence in children. We summarise the case and provide an assessment checklist.
The Elizabeth Dixon investigation - Learning from clinical error
07/12/20
The investigation report by Dr Bill Kirkup identifies multi-agency system failures in Elizabeth’s short life and the investigation of the circumstances of her death. We summarise a number of themes emerging from the recommendations.