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

Since the Prime Minister’s May 2021 announcement of a Public Inquiry, there has been little progress towards it occurring as expected in Spring 2022, save for the appointment of Baroness Heather Hallett DBE as its Chair. The Terms of Reference have not been published yet, although it seems clear that the Inquiry will span the entire health sector. There may well be an additional focus for the private sector on the awarding of contracts for NHS work. To date, health system leaders have been asked by NHS England (NHSE) to appoint a named inquiry lead and to start preparations around records management, contact and tracing systems for leavers and wellbeing support for staff likely to be involved. NHSE has also issued a stop notice regarding retention of documents.

What this means for you: In a public inquiry process, individuals and organisations can be compelled to provide documentation, a witness statement and oral evidence under oath. In our experience, early preparation is crucial. We suggest this spans the collation of contractual information and, where applicable, construction of an accurate timeline of events to give certainty as to information available at the time decisions were made. Read our Insight to find out more on how to prepare for the Inquiry.

Medical Malpractice Forward View 2022 

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

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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 HassanSarah Bryant or Ed Mellor.