Insight
Covid-19 public inquiry: private hospitals may face requests for statements and documents
02/02/23
Module 3 of the public inquiry has a healthcare focus and includes use of the private sector during the pandemic. A virtual and streamed preliminary hearing is scheduled for 28 February 2023.
Insight
Private hospitals and MedTech companies will need to keep an eye on emerging product and general liability risks
02/02/23
The private sector is using technology to assist the NHS with post-Covid-19 waiting lists and wider resource issues.
Insight
Legal liabilities for transport of the future: e-scooters and self-driving vehicles
02/02/23
The government plans to introduce a Transport Bill this year which is likely to propose legislation to allow the use of private e-scooters on public roads (currently illegal).
Insight
Civil Procedure Rules Committee (CPRC) may be the bearer of good news for defendants
02/02/23
Defendants may soon be able to enforce their costs against a claimant’s costs or damages obtained pursuant to a settlement.
Insight
New legislation may mean more clinical trials, but ‘lighter touch’ regulation and some simplified procedures
02/02/23
The government’s response to the Medicines and Healthcare Regulatory Authority’s 2022 consultation on the future shape of clinical trials is awaited.
Insight
Courts will continue to take a robust approach to fraud, but defendants should be rigorous when assessing the strength of their case
02/02/23
The courts’ appetite for making findings of fundamental dishonesty and to give custodial sentences on committal applications, shows no sign of waning.
Insight
Government prepares for Personal Injury Discount Rate (PIDR) review
02/02/23
The Ministry of Justice (MOJ) has issued a call for evidence to inform the decision-making process for its next PIDR review (due to be completed by July 2024).
Insight
Private surgeons could face Covid-19 related claims
02/02/23
While the focus to date has been on the NHS (where the cost of Covid-19 related claims is estimated to be over £1 billion), private surgeons could face claims as well.
Insight
There could be an increase in the cost of care claims, but a decrease in the cost of accommodation claims
02/02/23
The cost of care claims on higher value cases rose in 2022. With a limited number of carers and upward pressure on hourly rates (in part fuelled by the cost of living crisis) this trend is likely to continue into 2023.
Insight
Medical Malpractice and Casualty Forward View 2023
02/02/23
In our annual Forward View we look at some of the key topics for the year ahead ranging from the consultation on the discount rate and claims for provisional damages to the Covid-19 Inquiry and claims against private surgeons.
Insight
Concussion in sport: the next industrial disease claim?
02/02/23
Claims by elite rugby players for neurological impairments alleged to arise from repetitive concussive and sub-concussive blows to the head, are gathering pace.
Insight
Spotlight on three appeal court decisions to look out for in 2023
02/02/23
In this insight we consider tree upcoming court decisions and the impacts of those decisions on the medical malpractice and casualty insurance professionals.