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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

Hear from Carl May-Smith providing a CQC and health & care regulatory update - February 2019

Carl May-Smith will look at some of the most recent developments relating to the CQC and other areas of regulation affecting health & care providers.

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Legal updates

Maternity matters - the ongoing journey to achieve safer care

2019 is set to be another significant year for NHS Trusts seeking to make improvements in maternity care and help realise the national maternity ambition to reduce by half the number of stillbirths, maternal and neonatal deaths and brain injuries that occur during or soon after birth by 2025.

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Consent for clinicians

In this video, Kelly Buckley and Lucy Erskine provide an insight into the current legal position and offer practical tips to ensure that clinicians are having the genuine dialogue needed with patients about relevant treatment options and risks to enable valid consent to be obtained.

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Legal updates

Letters of Apology, a cautionary tale: “extremely misleading” letter issued prior to conclusion of inquest

An NHS body anticipating criticism at Inquest may decide to issue a Letter of Apology before, during or after the Inquest.

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