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

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.

Preparations for the inquiry should have started already – for example, appointing a lead, collation of relevant information and, where applicable, construction of an accurate timeline of events.

Private hospitals may receive a ‘rule 9’ request for a witness statement or documents. If a request is received it should be read ‘like an exam paper’. The recipient should consider whether the individual or organisation is the right one to give the evidence and, if not, they should raise the issue immediately with the Inquiry legal team as the Chair has wide ranging enforcement powers to compel recipients to respond.

Read our insight on what you can expect from module 3.

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?
• Courts will continue to take a robust approach to fraud, but defendants should be rigorous when assessing the strength of their case
• Private surgeons could face Covid-19 related claims
• 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

Get in touch

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.