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We offer a full legal service to consultants and other clinicians in private practice, helping to navigate the ever more complex legal and regulatory issues involved in running and developing a private medical practice.
Our Corporate Commercial team combines commercial and contracting expertise with an in depth knowledge of the healthcare sector.
We provide support in the following areas:
- Regulatory and indemnity matters
- Establishing LLPs and joint ventures including members’ agreements and fee structures
- Negotiating contracts including services agreements and franchise agreements with hospitals, NHS commissioners and other customers
- Compliance with data law including GDPR
- Customer facing materials – e.g. patient terms and conditions
- Negotiation with PMIs
- Premises arrangements and practising privileges agreements
- Dispute resolution and litigation
- Employment law issues
- Investments and funding
Our aim is always to give clear and straightforward legal advice allowing you to concentrate on running your private healthcare business.
- Fitness to practise; clinical negligence
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- Charities & Social Enterprise; Practitioners
- 020 7484 7530
Due, in part, to the growing use of social media and media coverage of the healthcare profession, complaints to healthcare regulatory bodies are growing. The way in which these complaints are handled is continually evolving in order to manage the growing number of complaints.
Doctors in private practice and private healthcare operators are often innovators, developing software, equipment and treatments, and building a ‘brand.’ Using these more widely, both in British healthcare and further afield, could bring benefits to patients - and private practitioners are often keen to help this happen. However, they need to consider what happens to their intellectual property in their innovations. IP is a valuable asset – as is being increasingly realised by the NHS – and needs protecting.
It is as true for a business offering healthcare services as it is for any High Street seller of goods that the business’ brand and the goodwill associated with it are valuable assets that are worthy of protection.
"Look to the future now: it's only just begun". So sang Wolverhampton glam-rockers Slade in their well-known Christmas hit. Whilst I accept that it is still probably a little early to be getting ready for Christmas, these particular words nevertheless seem an apt way of bringing to a close our series of articles on healthcare start-ups and the increasing use of apps and technology for delivering health services.
Building on the previous articles in this series which look at key legal issues doctors need to consider when starting up a healthcare business, we now turn to the contractual terms and conditions. Now, a number of people have noted that legal terms and conditions on websites and in mobile apps play a key role in what has been called ‘the biggest lie on the internet’.
The world is changing. Of course, it was ever thus but the speed of change in recent years as a result of technological advances has been immense. Just by way of example, around the turn of the century (not that long ago, at least in our eyes) having one internet-connected computer on each floor of the office and barely using email was normal.
The way services are accessed has been transformed by the changes in technology over the past decade and these developments present exciting opportunities for transforming how healthcare can be delivered however, when seeking to develop new opportunities, it is essential to have a clear understanding on the law governing the use of data and ensure that these considerations are incorporated into any project from the outset.
Health start-ups: Online prescribing is no panacea – the pitfalls and perils of prescribing medication online
This is a particularly complex area so it’s as well to know what is what. Interfaces (such as Amazon, E-bay and Uber) which utilise the internet, SMS and Apps to deliver goods and services, are popular because they save time – and savvy healthcare businesses realise that patients are no different. They view time taken to make doctors’ appointments and queuing at the surgery as wasted time. Such business are capitalising on this perception by creating interfaces which allow patients to obtain prescriptions remotely (on-line, by SMS or App).
So you have a good idea for a new healthcare business and have gone so far as to develop a business plan and test the waters with potential patients and suppliers. But now you need to know a little bit more detail about legal, financial and commercial issues to move the project on – from drawing board to board room as they say.
All doctors and other healthcare professionals should be aware of the need for insurance or indemnity cover, but from time to time I am referred a client who, for one reason or another, doesn’t have cover for a case – be it civil litigation, regulatory (GMC) proceedings or a criminal investigation. This can be a disaster for many reasons.
All doctors will be aware of the need to revalidate and the GMC’s responsibilities in this regard. Revalidation is the process by which doctors are required to demonstrate that they are up to date and fit to practise. Doctors must revalidate every five years, and in order to do so they must have annual appraisals based on the GMC’s guidance, Good Medical Practice.