Medical malpractice

Areas of advice include:

• Child protection
• Clinical negligence
• Clinical trials
• Complex and high-value claims
• Consent
• Costs
• Data privacy and protection
• Death investigations, inquests and inquiries
• Group litigation for healthcare professionals
• Hospital by-laws and accreditation
• Learning from claims – risk management
• Regulation, i.e. disciplinary hearings for healthcare professionals

England & Wales

Our national healthcare practice is one of the largest and widely respected specialist teams in this sector. Acting on behalf of NHS Resolution, medical malpractice insurers and their insureds, private hospitals, including some of the country’s largest independent hospital groups and clinics, and over 60 NHS trusts.

Our team provide support for all healthcare professionals before their regulatory bodies including the GMC, GDC and NMC. We pride ourselves on acting only for the healthcare professional in regulatory proceedings and do not act on behalf of regulatory bodies.

Northern Ireland

Our growing team based in Belfast represents private healthcare independent providers, medical professionals, insurers, Medical Defence Organisations in defending medical malpractice claims, appearing at coronial inquests and in front of disciplinary bodies and Public Inquiries such as the Hyponatraemia Inquiry into the deaths of children in Northern Ireland.

Scotland

Kennedys’ Scottish team is experienced in dealing with medical malpractice claims of all values. The team has acted on behalf of health boards, Central Legal Office defending various care homes, acting for private hospitals, addiction centres, dentists, cosmetic surgeons and other healthcare professionals. The team is also experienced in representing medical practitioners before professional regulators.

France

Kennedys’ team in Paris has a long-established reputation as a leading litigation practice. We act for major players in the insurance industry and assist clients in complex court-appointed investigations relating to medical malpractice. We also have extensive expertise in complex litigation matters of product liability (health products) and act for clients in the life sciences sector including pharmaceutical companies.

Portugal

Our Portugal team is experienced in handling medical malpractice and healthcare matters for insurers and healthcare institutions. Our experience also includes coverage analysis and defence on behalf of an insurer, where damages and liabilities for human clinical trials were being claimed.

Republic of Ireland

Our growing team of lawyers are specialists in their fields handling medical malpractice claims, regulatory matters, inquests and advisory work on behalf of large private insurers, private clinicians, allied health professionals and medical, dental and cosmetic clinics.  The team has a burgeoning reputation in the Irish market for successfully defending some of the most high profile medical malpractice litigation in the jurisdiction.

Our team also specialises in defending pharmaceutical companies and medical device manufacturers and their insurers in relation to cross jurisdiction product liability claims.

We are regarded as one of the market leaders in the Irish Healthcare sphere and regularly lecture at university level to budding clinicians and allied health professionals and also at the professional level to Consultants and at the Law Society of Ireland on issues pertaining to medical malpractice and regulatory law.

Spain

Our Spanish office has extensive experience in handling medical malpractice claims on behalf of insurers both for public and private sector claims. The team has defended insurers’ interests in several large quantum claims arising from birth claims where a great proportion of losses are future losses. In addition, the team has adapted a number of international policies to take into account Spanish legislative requirements and local market conditions.

Australia

Kennedys’ large national healthcare team based in Sydney, Melbourne and Perth is among the leading practices in Australia. We have been advising on healthcare matters since opening our first Australian office in 2006. Our team has a proven track record of successfully managing clinical negligence and healthcare liability claims, including accreditation and disciplinary matters, coronial inquests and investigations. We are equally adept at managing complex, highly sensitive matters and/or high frequency claims.

Our clients include domestic and international insurers, reinsurers, all leading Medical Defence Organisations and self-insureds.

Hong Kong

Our healthcare practice in Hong Kong is one of the longest standing and most reputable practices within the region. They are one of the few firms in Hong Kong with trilingual healthcare capabilities. Over the years, our clients, including some of the largest healthcare and life sciences organisations, healthcare investors and insurers in both the public and private sectors, have repeatedly entrusted us with their most complex and high profile matters.

Our practice is widely acknowledged as market leaders within the healthcare space. We are regularly invited to speak at conferences and author white papers to share our thought leadership, further demonstrating our reputation as experts within the medico-legal arena.

Singapore

Our lawyers’ expertise and experience in Singapore spans both the public and private healthcare sectors and provides a truly unique understanding of healthcare and clinical negligence from every perspective. Our experience covers western medical practice as well as Traditional Chinese Medicine.

Our defence practice advises public and private hospitals, rehabilitation clinics and dental practices (and their respective insurers), healthcare bodies and healthcare professionals (including GPs and dentists). In addition, we regularly advise medical statutory boards and committees on regulatory matters.

United Arab Emirates

Kennedys’ Dubai, established since 2006 and rated within the top five law firms for insurance is experienced in handling medical malpractice claims. We have handled cases across the Middle East, including in the United Arab Emirates, Bahrain, Kuwait and Qatar. Clients include insurers and reinsurers.

Israel

We represent local and global insurers and re-insurers covering medical malpractice, as well as hospitals, sick funds, public and private medical institutions, GPs, dentists and all healthcare professionals. We have vast experience in appearing before courts of all instances, as well as inquiry committees and disciplinary tribunals. We are also highly experienced in attending mediations.

In 2010, Kennedys was the first global insurance law firm to open an office in Miami to serve as our regional hub, providing legal advice to market-leading insurers and reinsurers across all Latin America and Caribbean jurisdictions. We now have Kennedys’ offices in Argentina, Brazil, Chile, Colombia, Mexico and Peru and four associate offices in the Dominican Republic, Guatemala, Panama and Puerto Rico.

Our lawyers in the region are qualified across various jurisdictions in Latin America, the Caribbean, England and Wales, Spain and the US and have experience advising and handling medical malpractice claims across the region. Advising insurers in coverage analysis as well as handling and settling of medical malpractice claims. We also act as a TPA for some of our clients on medical malpractice claims in the Caribbean via our Miami regional hub.