- Corporate, Commercial
- 020 7484 7648
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.
Please see below articles from our partnership with the Independent Practitioner Today, aimed at helping new healthcare businesses avoid potential issues they may face in different areas such as employment, IP and website ownership.
- How best to manage your lawyer – July 2018
- How to avoid a GMC referral – June 2018
- Private Practitioner’s premises – what are the options? – May 2018
- Consultant’s collaborative working arrangements – April 2018
- Is your private practice ready for GDPR – March 2018
- Poor performance and misconduct – navigating the minefield – February 2018
- Indemnity cover – what you need to know – December 2017
- Revalidation – a trap for the unwary? – November 2017
- Fitness to Practice – October 2017
- Look to the future – healthcare start ups – round-up – September 2017
- Generating revenue from IP – July 2017
- Online healthcare businesses – the data protection issues – June 2017
- Online prescribing is no panacea – the pitfalls and perils of prescribing medication online – May 2017
- Mind your Ts & Cs – the biggest lie on the internet? – April 2017
- Get brand protection – key intellectual property rights – March 2017
- Don’t get snared in your own web – it’s your website – but do you own and control it? – February 2017
- Employing doctors – setting up a business – December 2016
- Health startups: new healthcare businesses in the age of the smartphone and gig economy – November 2016
- Your staff’s rights after Brexit – October 2016
- Keep your data safe – your obligations as a practice owner – September 2016
- What does vicarious liability mean in practice? – July 2016
- Brand new business – staying smart – how to protect your brand – June 2016
- Reasonable adjustments to sickness absence procedures – May 2016
- Protecting your goodwill – April 2016
- To be or not to be – a member of an LLP – March 2016
- Apps and traps: the regulation of software and apps used in healthcare – February 2016
- Sexual harassment article – December 2015
- The threat in a letter of claim – November 2015
- Guide to buying/selling a private practice – October 2015
- Unfair dismissal article – September 2015
- Clinician incentives – July 2015
- A change to informed consent – June 2015
- Fitness to practise; clinical negligence
- 020 7484 7547
- Commercial; Charities & Social Enterprise; Practitioners
- 020 7484 7530
This is the first in a two-part series about clinical negligence, in which we will look at the essential components of a claim. In a nutshell, in order for a successful clinical negligence claim to be made, the claimant must show that the defendant healthcare practitioner/provider:
It is quite common for consultants to join together and work more collaboratively. This can ease the burden of working alone and being solely responsible for all costs and expenses. Working together can alleviate some of that pressure and assist in moving a business forward.
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.
GDPR - The Final Countdown! Are you ready for 25th May 2018? Make sure you don’t get caught out and seek legal advice to ensure your policies and procedures are robust and that your staff know and understand the new rules.
GDPR day – 25th May 2018 – came and went with a flurry of Privacy Notices and Policies filling our in-boxes but did everyone take stock of their data and their responsibilities or are there thousands of businesses out there who are yet to up-date their systems and processes?
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.
How Best to Manage your Lawyer - Every business, no matter how large or how small, leaves a “legal footprint” – so if you operate without any legal advice at all, you do so at your peril!
There is probably nothing anyone can do to entirely eliminate the risk of a GMC referral. Sometimes, it is down to just plain bad luck. It is certainly often nothing to do with your abilities as a doctor, and that’s important to remember if you are unlucky enough to receive the dreaded GMC letter.
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.
Is your private practice ready for GDPR? The law will change on 25 May 2018 when the European General Data Protection Regulation will come into effect.
f you have a private practice, you will know that the location, quality and cost of your premises are of fundamental importance to the ongoing success of the business.
“No man is an island” - this phrase is particularly pertinent in the workplace, given that many of us depend on the skills, experience, expertise or manpower of employees in order to succeed. Whilst employing staff is positive and beneficial for the most part, it also involves issues and potential liabilities, which can be difficult to manage especially for smaller employers with limited resources. This article looks at two common employment scenarios and gives guidance on how best to manage them successfully.
Possible Legal and Regulatory Developments following the Bawa-Garba Case
Practice Premises – maximising value and "minimising" time Maximising "value" is a common objective for most practitioners in one way or another. “Value” can include the value provided to patients. On the other hand, it could be the economic value of the practice and its income stream or the value of the practice 'brand' and the exposure received.
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.
Alchemists sought to turn base metal into gold, but their searches and efforts proved fruitless. Physicists have studied the cosmos and determined that there can be no perpetual motion due to the laws of thermodynamics. Lawyers, however, have worked out how to turn base letters into gold, through the perpetual (or at least rolling) contract.
What’s new in employment law…? In this article we highlight some recent employment law changes and developments, which are of particular relevance to employers managing negotiations with departing employees and the financial entitlements of such staff.