Medical treatment in health

Medical treatment decisions can be uncertain, deeply personal, and controversial It’s 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, acting as a ‘shield’ and not just a ‘stick’ to beat clinicians with.

The Supreme Court and Court of Appeal have 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.

Shared Insights forum

Maternity services

A medical treatment dispute

Representing NHS Trust in relation to a medical treatment dispute concerning the withdrawal of COVID-19 ECMO treatment and ventilation. KM, Re [2021] EWCOP 42 (10 May 2021).

End of life treatment of a child

Representing an NHS applicant Trust in the case of Z, Re (Medical Treatment: Invasive Ventilation) [2021] EWHC 2613 (Fam) (24 September 2021) which related to the end of life treatment of a child.

An emergency Court Order permitting a trust to give dialysis

Obtaining an emergency Court Order permitting a trust to give dialysis against a patient’s wishes to a young man with a learning disability in end-stage renal failure, pending further proceedings to determine whether this would be in his best interests in the long term.

Patients refusing to leave hospital

We represented an NHS Trust in protracted Court of Protection proceedings concerning a patient with mental health issues who refused to leave his acute hospital bed. He presented with ongoing violence and foul behaviour towards staff, patients and visitors. We diligently collaborated with the Trust and other relevant agencies to identify an appropriate community provider and facilitate the patient’s transfer to that placement, with the court’s approval.

In a separate matter, we provided legal representation for an NHS Trust seeking to discharge a patient who had been medically fit for over a year but who refused to leave the hospital. After an initial court hearing, we facilitated discussions between the Trust and the patient, culminating in an agreement that enabled the patient to vacate the premises without further legal proceedings.

Clinical negligence

Health law

Inquests

Investigations and inquiries

Safety and learning in healthcare

Rebecca Fitzpatrick

Partner

Mark Barnett

Partner

Legal 500 2022

"Fantastic knowledge and connections across and within the NHS. This helps to bring much more than just standard legal advice."

Legal 500 2022

"I feel as though the team I work with are more like an extension of my own team, and whilst maintaining those professional boundaries, are still very approachable."