This article is published as part of Capsticks’ Medical Malpractice and Casualty Forward View 2023.

The courts’ appetite for making findings of fundamental dishonesty and to give custodial sentences on committal applications, shows no sign of waning.

Most committals have been in NHS clinical negligence cases, the most recently reported being Rita Twist-Wilson who received an immediate four month custodial sentence. She attempted to defraud the NHS of over £500,000 in a claim regarding a fall at the Robert Jones & Agnes Hunt Orthopaedic Hospital NHS Foundation Trust. Further information on the case can be found in NHS Resolution’s case report.

In fundamental dishonesty cases assessment of the strength of their evidence remains the watchword for defendants and Pegg v Webb (2020) serves as a reminder. The defendant lost on its argument that the Road Traffic Accident (RTA) was fabricated, but succeeded in showing the claim was deliberately exaggerated. The latter was not enough to fully recover costs - only 70% of the defendant’s costs were awarded.

Medical Malpractice and Casualty Forward View 2023

This article is part of Capsticks’ Medical Malpractice and Casualty Forward View 2023.

Read the other articles featured in this publication below:

• Spotlight on three appeal court decisions to look out for in 2023
• Concussion in sport: the next industrial disease claim?
• Private surgeons could face Covid-19 related claims
• Covid-19 public inquiry: private hospitals may face requests for statements and documents
• Government prepares for Personal Injury Discount Rate (PIDR) review
• There could be an increase in the cost of care claims, but a decrease in the cost of accommodation claims
• Private hospitals and MedTech companies will need to keep an eye on emerging product and general liability risks
• New legislation may mean more clinical trials, but ‘lighter touch’ regulation and some simplified procedures
• Legal liabilities for transport of the future: e-scooters and self-driving vehicles
• Fixed recoverable costs (FRCs) – timetable delayed
• Civil Procedure Rules Committee (CPRC) may be the bearer of good news for defendants

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

To discuss how any of these issues may affect your organisation, please get in touch with Majid Hassan or Chery Blundell.