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

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.

For example, private hospital treatment may have been delayed due to a reduction in activity resulting from the lockdowns or from the hospital providing NHS support at that time.

Working relationships between the NHS and the private sector are likely to come under the spotlight when the duty of care to patients is considered.

Private hospitals should be ready to explain the decision making process around activity planning and surgeons to explain the consent process around treatment delays. For both, documentation and any other supporting evidence will be key to the successful defence of a claim.

Interestingly, the deaths of two nurses from Covid-19 at the beginning of the pandemic have been recorded by a coroner in Wales as an industrial disease, for the first time. Whether this opens the floodgates to more conclusions of this nature remains to be seen as will the impact on any associated claims.

As long as surgeons show that they took all reasonable care to manage / progress their patients’ care, it is likely that any claim that is brought could be successfully defended.

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
• 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

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.