Legal experts are warning that frontline healthcare workers could fall victim to a slew of Covid-related clinical negligence lawsuits.
The Medical Defence Union (MDU) said it is worried that staff, “already at breaking point”, would soon be facing involvement in legal cases arising from care they provided in very challenging circumstances.
Speaking at a Westminster Health Forum conference on the impact of the pandemic on clinical negligence in the NHS, Dr Matthew Lee (pictured), professional services director at the MDU, said the government must enact emergency legislation to protect healthcare service providers and their staff from litigation as a result of the pandemic.
Dr Lee said that in a survey of the MDU’s GP members, 63% said they were concerned about facing a complaint or claim related to the pandemic.
Dr Lee said: “Even if indemnified by the state, claims can be complex, time-consuming and stressful for those involved.”
MDU members have been in touch with the union over “many thousands” of complaints and incidents related to the pandemic over the past ten months.
Cases include delays to routine appointments, investigations and treatments. Delays in diagnosis because of increased waiting times for treatment or new ways of working, such as remote consultations, are also a cause for concern.
Dr Lee said: “Inevitably this will lead to litigation against the NHS in future years. Many claims will not be brought for three to five years, or even longer, when memories of the sacrifices made by staff and the circumstances they faced will sadly have faded.
“Patients harmed as a result of care provided during the pandemic must not be forgotten, and they should be looked after appropriately by the NHS. However, litigation brought post-pandemic as a result of care provided by NHS staff during the crisis could inflict enormous damage on the whole workforce. Now is the time for action.”
Dr Lee said that a number of states in the US have introduced laws providing legal immunity during the pandemic and the MDU would like to see “something comparable” happen in the UK.