Insurance
NHS healthcare
Private health and social care
Clinical Law Insight: Winter 2020/2021
04/02/21
Welcome to the latest edition of our Clinical Law Insight, in which we report on the latest appeal decisions, medico-legal and ethical issues arising from Covid-19, as well as new reports on safety and learning.
Insurance
NHS healthcare
Medical Malpractice Forward View 2021
27/01/21
In this year’s forward view, we consider issues ranging from the practicalities of future court hearings in a pandemic to resource arguments that will have to be considered in claims as well as key decisions in the year ahead.
Insurance
Research and development in life sciences will assume even greater importance as will information governance around the use of apps
25/01/21
Bill Gates’ 2015 TED talk concluded that even with the development of vaccines, global health systems would need to use technology such as mobile phones and satellite maps to ‘track and trace’ the public, in order to prevent another pandemic.
Insurance
NHS healthcare
AI likely to assist in the post-Covid recovery of healthcare services, but could be a ‘disrupter’ in healthcare law
25/01/21
In recent years we have started to see Artificial Intelligence (AI) being used across medicine from radiology reporting to cancer diagnosis and ophthalmology.
Insurance
NHS healthcare
Primary care
Spotlight on two pending court decisions
25/01/21
Two cases awaiting decisions from the Supreme Court and Court of Appeal respectively, could have a significant impact for healthcare organisations.
Insurance
NHS healthcare
Safety and learning will remain front and centre in healthcare
25/01/21
Improving safety and learning from medical mistakes is central to reducing harm in healthcare. 2020 saw a number of key reports being published.
Insurance
NHS healthcare
The roll-out of digital healthcare is likely to continue apace
25/01/21
The last year has seen a rapid acceleration in the use of remote electronic consultations. Clear benefits to clinicians and patients coupled with pressure on resources mean that we are unlikely to go back to the way things were before.
Insurance
NHS healthcare
Resource issues likely to have a significant role in determining the standard of care in claims arising during the pandemic
25/01/21
Patients who have had their treatment for a particular condition delayed due to COVID-19 restricting hospital resources may consider legal action in the future.
Insurance
Remote hearings and medical examinations likely to continue for the foreseeable future
25/01/21
Remote hearings and medical examinations by video have enabled litigation to progress during the pandemic.
Insurance
NHS healthcare
Supreme Court reaffirms illegality doctrine in negligence claims
30/10/20
The Supreme Court confirmed that a claimant cannot recover damages for loss as a result of having committed a criminal offence, thus reinforcing the long established state of the law. We summarise the case, the decision and what it means for you.
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Insurance
Claims for psychiatric injury in the workplace
13/10/20
[Updated article] There are a growing number of claims for psychiatric injury from employees who feel overworked and under supported (as well as being bullied or harassed) in the workplace.
Insurance
NHS healthcare
Court of Appeal decides on assessing the value of accommodation claims
09/10/20
The Court of Appeal has now handed down the ruling in Swift v Carpenter and set out a new way of assessing the value of claims for accommodation. It has departed from the established methodology previously laid down in the case of Roberts v Johnstone.