Extent of causation in clinical negligence claim against GP limited by the “scope of duty”
A clinician’s liability to a patient remains limited to the losses falling within the duty of care and not any wider co-incidental losses. The Supreme Court today ruled the scope of duty test generally was applicable to clinical negligence cases.
GIRFT and NHS Resolution publish ‘Learning from Litigation Claims’ report
A joint report prepared by Getting It Right First Time (GIRFT) and NHS Resolution, looking at how claims data can be used effectively to prevent future claims, has been released today.
The Paterson Inquiry: A whole healthcare system response one year on
The Paterson Inquiry reviewed how Ian Paterson had been able to practise in this way across both the NHS and private sector and with a view to identifying systemic improvements to ensure that patients are properly protected and compensated.
Clinical Law Insight: Winter 2020/2021
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.
Medical Malpractice Forward View 2021
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.
Research and development in life sciences will assume even greater importance as will information governance around the use of apps
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.
AI likely to assist in the post-Covid recovery of healthcare services, but could be a ‘disrupter’ in healthcare law
In recent years we have started to see Artificial Intelligence (AI) being used across medicine from radiology reporting to cancer diagnosis and ophthalmology.
Spotlight on two pending court decisions
Two cases awaiting decisions from the Supreme Court and Court of Appeal respectively, could have a significant impact for healthcare organisations.
Safety and learning will remain front and centre in healthcare
Improving safety and learning from medical mistakes is central to reducing harm in healthcare. 2020 saw a number of key reports being published.
The roll-out of digital healthcare is likely to continue apace
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.
Resource issues likely to have a significant role in determining the standard of care in claims arising during the pandemic
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.
Remote hearings and medical examinations likely to continue for the foreseeable future
Remote hearings and medical examinations by video have enabled litigation to progress during the pandemic.