Daniel Sokol, a clinical negligence barrister and expert in medical ethics, said hospitals that allowed unvaccinated staff to deliver care could be pursued for breaching a duty to take reasonable care of their patients.
The NHS has previously been sued for negligence over the spread of other infections including MRSA and C-difficile, though establishing the nature of the failure has proved difficult.
Mr Sokol said cases involving Covid could be more clear-cut given that patients coming in for planned surgery are expected to undergo tests before admission and the jab status of staff is recorded.
Earlier this week,
The Telegraph revealed that more than 11,000 people have caught Covid and died after being admitted to NHS hospitals for other ailments.