How can Capsticks help?
Acting as coverage counsel for underwriters on medical malpractice claims, we can help you find sufficiently clear wording in your policy and advise on how the commercial relationships between insurers and their insureds can be affected by policy decisions. We work with organisations and individuals on the instructions of underwriters to help them better understand reporting requirements and ensure compliance with policy conditions.
- Monitoring counsel
Whilst the majority of our work is in the UK, we also advise defence organisations and insurers on claims originating in other jurisdictions. Working together with local lawyers and claims handlers, we offer a tailored international medical malpractice coverage, legal claims and monitoring counsel service, which provides the detailed information you need to manage your portfolio of cases.
- Product liability
As the healthcare industry becomes more automated, insurers, clinics, clinicians and manufacturers face an increasing number of issues around product liability. You can rely on our expertise in a wide range of litigation, from claims against individual manufacturers of equipment to group litigation actions such as the PIP implant claims, metal on metal hip cases and surgical mesh claims. We understand the crossover with medical malpractice claims and can provide a joined-up approach to such claims.
- Clinical trials
If you need help with claims brought by participants in human volunteer clinical trials, often under no-fault compensation schemes, we are here for you. We act for universities, pharmaceutical companies, clinical research organisations and their insurers, as well as advising on issues surrounding, for example, indemnity requirements for clinical trials for organisations and hospitals involved.
- Elite sport
Claims by athletes in elite sport can often be complex, especially when the claimant’s legal team seeks to bring the case against multiple defendants. We have experience of acting for indemnifiers for the individual surgeon or club doctor being sued as well as for the club or the governing body. We understand how the case may vary against different defendants and what is needed to successfully resolve any claim efficiently and proactively. In addition to litigating, we advise professional sports clubs and bodies such as The Football Association of Wales, Liverpool Football Club and British Athletics on establishing a governance framework through medico legal policies and training on a range of issues from consent and record keeping to data sharing and medicines management.