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medical treatment


Medical treatment decisions can be uncertain, deeply personal, and controversial It is these decisions, taken in the heat of the moment, under enormous pressure and with the best of intentions, that can later face intense scrutiny at leisure.

The law should be seen as a guide to ensure appropriate and defensible decision making – a “shield” and not just a “stick” to beat clinicians with.

The Supreme Court and Court of Appeal have recently given key judgments changing the law on consent to treatment, on best interests decisions and end of life / DNAR decisions. Our knowledgeable and experienced team can guide you all aspects of consent to treatment issues.

what we do...

  • Emergency helpline providing 24 hour advice - with access to specialised lawyers able to make an out of hours application to Court for an Order authorising serious medical treatment if needed.
  • Advice on consent to treatment – as well as guidance on clinical negligence and inquests.
  • Review or drafting of policies and protocols - written in plain English.
  • Training and support - we offer a range of training opportunities, including an extensive seminar programme, live webinars, bespoke training sessions and regular legal updates, to ensure your staff are kept up-to-date with legal compliance issues and best practice.

related resources

Legal updates

Shared Insights: The impact of the Covid-19 pandemic on consent

Montgomery v Lanarkshire Health Board [2015], the impact of the Covid-19 pandemic, patients who lack capacity to make a particular decision and data on consent claims.

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Legal updates

Shared Insights: The Duty of Candour - family and patient engagement

Legal, HSIB and Trust perspectives on Duty of Candour, the importance of a “culture of candour” and dealing issues arising from Covid 19.

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Legal updates

Consent in the Covid-19 world and beyond

Following the suspension of all non-urgent elective surgery to help free up general and acute care capacity in the wake of the pandemic, services are now starting to resume.

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Legal updates

Post covid-19 service reconfiguration for the health sector

A question which now arises for the health sector is how quickly is it possible to separate out the provision of clinical services for those suffering with COVID-19 from all other clinical services, so that the risk of infection can be reduced as far as possible.

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