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.
Featured experience
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.
Key contacts
Rebecca Fitzpatrick
Partner
Mark Barnett
Partner
Testimonials
"Fantastic knowledge and connections across and within the NHS. This helps to bring much more than just standard legal advice."
"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."
You may be interested in...
![Contractual liability for all inclusive treatment: Bartolomucci v Circle Health Group Limited [2025]](/getattachment/95f9533b-f99c-4fcc-b8d5-3f93904b8242/shutterstock_1265400856.jpg?variant=HeroImageTabletVariantDefinition)
Legal Update
Contractual liability for all inclusive treatment: Bartolomucci v Circle Health Group Limited [2025]
Published Article
Women’s health: Progress, challenges and the path forward
Opinion - Maternity services
Celebrating maternity excellence
Opinion - Maternity services
Antenatal Screening Wales Annual Report 2022-24
Online Event - Shared Insights
Shared Insights: 10 years on from Montgomery - Shared decision making and consent
Legal Update
Legal challenges in workplace inclusion: A Scottish tribunal's examination of transgender rights
Legal Update - Maternity services
The Generation study at UHDB: A pioneering approach to genetic healthcare
Legal Update
Clinical negligence and Section 75 of the Consumer Credit Act
Legal Update
NHS England focus on community dental services
Legal Update
New MHRA post-market surveillance guidance published for medical devices
Training
Mock inquest training course
Legal Update - Maternity services
Improving maternity safety: Insights from MNSI’s annual recommendation report
On-Demand - Shared Insights
Shared Insights: Complex medical treatment decisions for patients with mental disorder
Legal Update - Maternity services
University Hospitals of Derby and Burton NHS Foundation Trust invest in telemetry to improve maternity care and patient experience in labour
On-Demand - Shared Insights
Browne Jacobson submits recommendations and proposals to the government for England’s 10 Year Health Plan
Legal Update - Maternity services
Informed consent and caesarean birth: RCOG launches new obstetrics animation
Opinion - Maternity services
Enhancing care for women with ectopic pregnancies: Insights from MBRRACE-UK
Legal Update - Maternity services
DISCERN study published: How to improve discussions with families when things go wrong in maternity care
Legal Update
World Patient Safety Day 2024: “Improving diagnosis for patient safety”
Legal Update
Relying on parental consent for treatment and restraint against a child's wishes
Press Release
Browne Jacobson contributes to report promoting greater UAE-UK collaboration in cancer care
Opinion
Court of Appeal finds there is no requirement for “belief” in the Mental Capacity Act functional test
Press Release
General election reaction from Browne Jacobson’s health and life sciences team
On-Demand - Shared Insights
Duty of Candour review: Submission to the Department of Health and Social Care
Legal Update
Government response to the recommendations regarding the draft Mental Health Bill
Opinion - Maternity services
Newborns born outside of hospitals at higher risk of hypothermia during emergency responses
Press Release
Landmark Supreme Court decision clarifies the extent of Doctors’ Duty of Care
On-Demand - Shared Insights
Shared Insights: Improving communication with patients and families when responding to incidents, complaints and claims
On-Demand - Shared Insights
Shared Insights: Racial disparities in healthcare and the role of health technology in improving equity, increasing patient safety and reducing claims
Legal Update
Improving patient safety incident and complaint responses to rebuild broken trust
Published Article
Investing in healthcare in Saudi Arabia under the new regulatory framework
Legal Update - Maternity services
HSIB publishes 'Maternity Investigation Programme: Year in Review 2022/23'
Legal Update
Advising on alternative treatments for patients – what is the legal test to be applied?
Published Article
Digital channels and healthcare apps – the UK’s regulatory landscape, challenges for stakeholders and risk of clinical liabilities
Legal Update
New regulatory pathways announced for innovative medical technologies and internationally approved medicines
Legal Update
Mental health, eating disorders and placement of young people
Published Article
How AI and technology can transform the healthcare sector
On-Demand - Shared Insights
Shared Insights: The Patient Safety Incident Response Framework
On-Demand - Shared Insights
Shared Insights: Focus on emergency medicine
Opinion
Learning from Emergency Medicine compensation claims
Every year a high number of patients attend Emergency Departments (EDs) in England, often presenting with complex and wide-ranging symptoms. Many of these challenges were explored in the Getting It Right First Time Emergency Medicine Report, published in 2021.