Court of Appeal decides on assessing the value of accommodation claims
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.
Medical Malpractice Review
In this review of the year so far we look at some important legal decisions and developments impacting the healthcare sector and also highlight what we can still expect to come in 2020.
Return to work and risk assessments during COVID-19
For a successful return to work during COVID-19, employers have a duty to carry out a risk assessment, implement safe systems of work and to keep these under review. Our risk assessment flowchart sets out the key issues for employers to consider.
Clinical Trials and Tribulations
Clinical trials, by their very nature, involve an element of risk for both those undertaking or sponsoring the trial and those participating in it. We consider some key medico legal issues arising from compensation claims associated with such trials.
Rogue employees and data breaches – when is an employer liable?
The Supreme Court has determined that an otherwise blameless employer should not be vicariously liable where a rogue employee stole HR information relating to colleagues, as part of a vendetta against his employer.
Paterson Inquiry: recommendations from the report
The long awaited Paterson Inquiry report has come out today.
Medical Malpractice Forward View 2020
Read our annual review of events in the year ahead which could impact the healthcare, life sciences and medical malpractice sectors.
Further developments in telemedicine, AI and robotics will bring opportunities, challenges and risk for businesses in the MedTech sector
With increasing demands on GPs, the rise of telemedicine is set to continue. Providers will need to ensure that they comply with legislation around supply of medicines across the internet.
The new Clinical Trials Regulation – implementation date likely to be delayed
EU Clinical Trials Regulation 536/2014 (‘CTR’) is due to apply in member states in 2020 during the transition period after Brexit.
Challenges to dishonest claims against health providers will continue to rise
Section 57 of The Criminal Justice and Courts Act 2015 made it easier for Defendants to challenge dishonest claims.
Mediation and other forms of dispute resolution are set to continue rising in medical malpractice claims
NHS Resolution has reported settlement of a record number of claims through alternative means such as mediation
Fixed Recoverable Costs should contribute to controlling the rising costs of clinical negligence claims, but there is further work to be done
This year the government will decide on the level of fixed fees to adopt for the proposed new standard and light tracks for lower value clinical negligence claims.