Insight
Clinical Law Insight: Spring 2022
10/03/22
Read the latest on the COVID-19 Inquiry and themes for Covid-related inquests and claims. Also: the government’s response to the Paterson Inquiry report, proposals for a new Special Health Authority and managing risk around the expansion of virtual wards.
Insight
Hughes v Rattan – Court of Appeal reaffirms Barclays decision on vicarious liability
02/03/22
The Court of Appeal determined whether the former owner of a dental practice was liable for the treatment provided to a patient by three self-employed dental associates. Find out what the decision means for healthcare providers.
Insight
Safety of medicines and medical devices will come under closer scrutiny
03/02/22
Safety of two medicines (Primodos and Sodium Valproate) and one device (pelvic mesh) was at the heart of the report of the Independent Medicines and Medical Devices Safety Review. Read the latest update on this topic.
Insight
Spotlight on two liability decisions to watch out for in 2022
03/02/22
Two cases awaiting decisions from the Court of Appeal could have a significant impact for healthcare organisations.
Insight
Medical Malpractice Forward View 2022
03/02/22
In this year’s forward view, we consider issues ranging from fixed recoverable costs in clinical negligence claims, claims resulting from COVID-19 treatment, major inquiries, clinical trials and healthcare technology.
Insight
Fixed recoverable costs in low value clinical negligence claims are on the horizon
03/02/22
The government is opening a consultation on fixed recoverable costs in low value clinical negligence claims. The proposed scheme aims to avoid litigation and speed up the exchange of evidence for faster agreement on liability, causation and quantum.
Insight
Concussion injury in elite sport will remain in the headlines
03/02/22
Concussion injury and its consequences continue to be in the news, with group litigation planned by both rugby and football players. We could see more claims of this nature, including from other sports where head injury is a risk.
Insight
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
03/02/22
The vast majority of the inquest cases relate to acquisition of Covid-19 during hospital admission and staffing/resource issues. In a recent case a Coroner was critical of a decision not to escalate a patient’s care to ICU.
Insight
Procedures and policies, including national policy decisions, will be central to defending Covid-related claims
03/02/22
Delays to non-Covid treatment is the leading type of claim against NHS Trusts to date, followed by Hospital-Acquired Covid (HAC) and failure to treat Covid appropriately.
Insight
The latest on the Covid-19 Public Inquiry
03/02/22
Read the latest developments regarding the impending Public Inquiry, including what this means for you.
Insight
Learning from the Paterson Inquiry: new legislation on regulation, co-operation between regulators and more
03/02/22
The government has published its long-awaited response to the Paterson Inquiry Report. Read the details and what you need to do next in our insight.
Insight
There is likely to be an increase in the number of clinical trials
03/02/22
This year is likely to see a resurgence of non-Covid trials which have been postponed or paused in the last two years, and new trials for Covid treatments and vaccines (e.g. those based on conventional vaccine technology).