Welcome to the summer edition of our Clinical Law Insight. We report on recent developments in safety and learning, look ahead towards the Public Inquiry into the government’s response to the pandemic, and recommend actions for Covid-related claims.

The statutory inquiry into the government’s response to the Covid-19 pandemic will commence in 2022, which may compel organisations and individuals to provide evidence. We summarise the current situation and which steps NHS organisations need to take.

A clinician’s liability to a patient remains limited to the losses falling within the duty of care and not any wider co-incidental losses. The Supreme Court today ruled the scope of duty test generally was applicable to clinical negligence cases.

A recent High Court judgment highlights the importance for employers to demonstrate a clear, balanced and proportionate decision-making process when considering exclusion under MHPS.

The Liberty Protection Safeguards National Steering Group revealed that DHSC will not be implementing the care home manager role when the rest of the LPS framework commences in April 2022, and that six sets of regulations will be published next spring.