This article is published as part of Capsticks’ Medical Malpractice Forward View 2022.

The government has published its long-awaited response to the Paterson Inquiry Report.

Much of the response deals with work that is already in progress, for example: the work of the Acute Data Alignment Programme in respect of collection of consultant performance data and CQC inspection framework updates on multi-disciplinary team (MDT) working.

During the coming year we will see the government:

• commission the production of independent information to make people aware of the way that private care is organised differently to NHS care
• extend its 2018 consultation on appropriate clinical negligence cover for regulated healthcare professionals to consider the Inquiry’s recommendation to reform the regulation of indemnity products and introduce a nationwide safety net to ensure patients are not disadvantaged
• draft legislation in relation to regulation and the duty of healthcare regulators to co-operate

The government has not accepted / is keeping under review:

• automatic suspension of any healthcare practitioner perceived to be a risk following hospitals investigation; and
• the need for agreed recommendations to be implemented across the entire independent sector (private, insured and NHS funded) for the providers to qualify for NHS contracts.

What this means for you: From an organisational perspective the key to learning from Paterson remains the need for increased governance from ‘Ward to Board’ and addressing organisational culture to encourage open discussion of concerns and ensure accountability. Read our Insight on learning from the Paterson Inquiry.

Medical Malpractice Forward View 2022 

This article is part of Capsticks’ Medical Malpractice Forward View 2022. 

Read the other articles featured in this publication below: 

• Spotlight on two liability decisions to watch out for in 2022
• Fixed recoverable costs in low value clinical negligence claims are on the horizon
• Concussion injury in elite sport will remain in the headlines
• 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
• Procedures and policies, including national policy decisions, will be central to the defence of Covid-related claims
• The latest on the Covid-19 Public Inquiry
• Learning from the Paterson Inquiry: new legislation on regulation, co-operation between regulators and more
• The rollout of technology to support the delivery of care will continue apace, with data security coming into ever sharper focus
• There is likely to be an increase in the number of clinical trials
• Safety of medicines and medical devices will come under closer scrutiny

Get in touch

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

To discuss how any of these issues may affect your organisation, please get in touch with Majid Hassan, Sarah Bryant or Ed Mellor.