In our annual review of events in the year ahead which could impact the healthcare, life sciences and medical malpractice sectors, we consider seven key decisions on topics including the duty of care owed, the doctrine of vicarious liability, compensation following illegal acts, surrogacy costs and the sharing of genetic information. Fixed recoverable costs are on the horizon, the number of mediations is likely to continue to grow and we expect to see more challenges in the courts against dishonest claimants. The long awaited report following, the Paterson inquiry will publish its findings this year and we consider what may come out of this. Finally at a time when medical technology continues to advance we consider how the growth of telemedicine, AI and robotics will present potential new legal challenges.

Read the articles in our Medical Malpractice Forward View 2020 below:

• Spotlight on seven key decisions in 2020 affecting healthcare providers and insurers
  
• Paterson Inquiry report due in early 2020
• The new Clinical Trials Regulation – implementation date likely to be delayed
• Further developments in telemedicine, AI and robotics will bring opportunities, challenges and risk for businesses in the MedTech sector
• Where next on the appropriate approach to future accommodation claims?
• Fixed Recoverable Costs should contribute to controlling the rising costs of clinical negligence claims, but there is further work to be done
• Mediation and other forms of dispute resolution are set to continue rising in medical malpractice claims
• Challenges to dishonest claims against health providers will continue to rise.

What else is on the horizon for 2020?

• Consent will remain in the spotlight with the GMC due to publish updated guidance on the topic by the end of January 2020.
• Increased media coverage of mental health issues and a greater willingness to call out inappropriate behaviour following #MeToo means that we are like see more stress and harassment claims based on gender, religion and sexual orientation.
• NHS Resolution will be publishing its thematic review of emergency medicine claims. This key piece of research aims to assist in driving improvements in patient care and safety.
• Amid reports of a national opioid crisis and multi-million dollar settlements in the US, liability insurers may see a rise in claims against pharmaceutical companies in the UK.
• A government consultation on extending the categories of Claimants who can recover bereavement damages is awaited following the recommendation of Parliamant’s Select Committee on Human Rights. Any extension is likely to increase claims values for Fatal Accidents.

Get in touch

Capsticks advise and support medical malpractice insurers and healthcare providers on all aspect of medical law including claims, inquests and regulatory proceedings.

To discuss how any of these issues may affect your organisation, please get in touch with Majid Hassan, Anna Walsh, or Philip Hatherall.