Healthcare Law

A summary of the Dr Bawa-Garba case – and what this may mean for trusts

A summary of the Dr Bawa-Garba case - and what this may mean for trusts

Accommodation claims – where do we stand after Swift v Carpenter?

On 9 October 2020 the Court of Appeal handed down Judgment in Swift v Carpenter [2020] EWCA Civ 1295. This article sets out the decision in Swift and considers where we are now.

Advance care planning – a difficult path to tread?

Advance care planning which is patient specific will not only ensure it acts as a protector of patients’ rights and wishes, but will also be a shield for clinicians against complaint or claim and is an essential tool for providers in ensuring a comprehensive service.

Bawa-Garba: the gross negligence manslaughter story latest

A summary of the Dr Bawa-Garba case so far; Should a Doctor’s Gross Negligence Manslaughter conviction lead to automatic erasure from the GMC Register?

Bell v Tavistock and Portman NHS Foundation Trust and others – requirements for consent under Gillick

On 1st December 2020 the Divisional Court gave judgment in this unusual judicial review involving the circumstances in which a child or young person under 18 may be competent to give valid consent to treatment in law for the use of hormone or puberty blockers for gender dysphoria, and the process by which consent to treatment is obtained.

Beware, don’t underestimate a voluntary police interview

Facing a voluntary police interview? Learn its seriousness, why legal support is crucial, how to protect your rights & navigate the process.

Claimant found guilty of criminal act cannot claim damages against negligent NHS trust

The Supreme Court has now handed down its judgment in the long and sad case of Ecila Henderson v Dorset Healthcare University NHS Foundation Trust. The judgment puts to rest the issue of whether a claimant who has been found guilty of a criminal act can recover damages from the party whose original negligence gave rise to the situation where the claimant was able to commit the criminal act.

Court of Protection guidance: When not to go to Court and how to when you do

The Vice President of the Court of Protection has issued helpful guidance HERE on bringing proceedings in relation to proposed “serious medical treatment”.

Covid-19: Key legal considerations arising from the pandemic

Hempsons and NHS Providers launch guide covering the legal liabilities that are likely to arise due to the pandemic.

Custodial sentence for exaggerated claim against the NHS

Linda Metcalf has received an immediate 6-month custodial sentence for her deliberate attempt to defraud the NHS and deceive the Court.  She has also been ordered to pay the Trust’s costs of the proceedings.  Sentence was passed by Mr Justice Griffiths in the Leeds District Registry on 11.02.21. 

Data protection – getting it right

Dentists across the UK will be all too familiar with the Data Protection Act 1998 (DPA) but possibly not yet accustomed to the EU’s General Data Protection Regulation (GDPR) which will apply from 25 May 2018. Notwithstanding Brexit, the UK government has indicated that it will implement the new regime.

Defendant obtains wasted costs order against Claimant’s medico-legal expert: Samantha Thimmaya v Lancashire Teaching Hospi...

This case highlights the importance of Medico-Legal Experts duties to the Court and the potential consequences when they fail in those duties.

Digital Newsbrief: Summer 2020

Hempsons’ Digital Newsbrief, providing an update on a range of commercial and legal issues as well as a focus on current clients of Hempsons.

Digital transformation – are you prepared?

Digital transformation is crucial for the NHS as it seeks a sustainable future and to meet expectations of high quality care. A number of different programmes are now in place to support this...

DNACPR Orders and COVID-19

In this article, Sophie Barbour explores what the law says about the way that DNACPR orders should be made in more detail and consider some practical solutions to difficulties being faced by clinicians in view of COVID-19.

Extending mandatory COVID vaccination throughout health and social care

Mandatory covid vaccination in care homes was implemented on 11 November 2021. Without a valid exemption, workers will not usually be permitted access to (or be able to work in) care homes.

Five top tier rankings for Hempsons in the Legal 500 2023 UK guide

GDPR – are you ready?

Keeping confidential information about staff and patients secure is a responsibility NHS organisations have taken seriously for a long time. But the requirements on them are about to increase. From May 2018, organisations will need to comply with the General Data Protection Regulation (GDPR), an EU regulation.

Healthcare newsbrief: Summer edition now available

Welcome to this latest edition of Hempsons’ healthcare newsbrief. Healthcare policy is always a challenging area to write about and this year the election, with its uncertain result, has made it even more so.

Healthcare newsbrief: Winter 2017 edition now available

Welcome to the winter edition of Hempsons’ Healthcare Newsbrief. Many of you will be reading this at the NHS Providers conference where many of the issues we are writing about – from moving towards digital records to the issues around moving to an accountable care organisation – will be either discussed or on the minds of delegates...

Hempsons celebrate another great year in The Legal 500

We are delighted to announce another outstanding year for Hempsons in The Legal 500. Our team has been praised for its exceptional reputation and high quality of work over the past year.

Hempsons’ Healthcare Newsbrief

Welcome to our Autumn/Winter 2019/2020 edition of Hempsons’ Healthcare Newsbrief.

Hempsons’ Healthcare Newsbrief 2018

Welcome to this autumn edition of Hempsons’ Healthcare Newsbrief. It has been a busy few months for the NHS in the legal system with some ground-breaking decisions on key areas such as withdrawing clinically-assisted nutrition and hydration, fitness to practice and procurement.

How will the easing of the face covering requirement on 19 July 2021 in England affect our health and social care services?

So called “Freedom Day” today brings with it the end to many coronavirus restrictions, some of which have been in place for well over a year.

How will your PCN work with others?

One of the requirements of the Network Contract DES Specification for 2020/21 is for PCNs to agree how to work with local community services providers, mental health providers and community pharmacy providers.

HSJ shortlist Hempsons for Legal Services Provider of the year award

Hempsons has received more high-profile acclaim for our work on accountable care and system transformation – this time from the Health Service Journal with its first ever HSJ Healthcare Partnership Awards.

Human Fertilisation and Embryology (Statutory Storage Period for Embryos and Gametes) (Coronavirus) Regulations 2020

The Human Fertilisation and Embryology Regulations 2020 come into force on 1st July 2020. Click here to read our summary.

Key legal development update – January 2020

Key legal developments in healthcare and medical law for January 2020.

Key legal developments update – July 2021

Welcome to our latest update for healthcare and medical law - a snapshot of the landmark rulings and a number of other interesting developments in the legal world.

Key Legal Developments Update – June 2017

We’ve highlighted the latest key legal developments within healthcare. The below snapshot of information covers land mark rulings from mental health to inquests and a number of other interesting developments in the legal world.

Key Legal Developments Update – October 2018

Welcome to our latest key legal developments where we have highlighted the latest updates within healthcare.

Landmark Supreme Court judgment on withdrawing clinically assisted nutrition and hydration

Hempsons acted for the successful CCG and NHS Trust in today's Supreme Court judgment on when an application to Court is needed to withdraw clinically assisted nutrition and hydration

Liberty Protection Safeguards – an update

Liberty Protection Safeguards (“LPS”) are due to replace the current Deprivation of Liberty Safeguards.

Liberty Protection Safeguards – start date significantly delayed

The Government made a statement on 16 July 2020 confirming, as widely expected, the implementation date for the Liberty Protection Safeguards has been put back to April 2022.

Liberty Protection Safeguards delayed “beyond the life of this Parliament”

The Government announced on 5 April 2023 that it had taken the “difficult decision to delay the implementation of the Liberty Protection Safeguards beyond the life of this Parliament” as part of its wider plans to reform and improve adult social care.

Looking forward to the new Procure 2020 construction framework and the new Hilary Mantel novel

The Hempsons team speculate what the Procure 2020 framework might offer to an NHS estates sector eager for solutions.

Managing patient safety incidents is changing, is your practice prepared?

When changes were announced to this year’s GP contract in February 2025 it included at point 16 that ‘GP practices will be required to have regard to the patient safety strategy’ patient safety strategy.

New Year partner and associate promotions

We are delighted to announce a new partner and several associate promotions, providing a major boost to our healthcare advisory, healthcare litigation, commercial and real estate teams.

Newsflash: Coronavirus and Critical Care

Ventilators and the number of critical care beds are a regular feature of the Government’s daily briefings and the questions posed by the media. This newsflash explores the guidance currently available and which of the current legal provisions will be held to apply.

Newsflash: Hospital Resources Amid Covid-19

On 9 April 2020, Chamberlain J. handed down his judgment in the case of University College London Hospitals NHS Foundation Trust v MB [2020] 882 (QB) in which Hempsons and Simon Sinnatt, Counsel from 1 Crown Office Row Chambers, represented UCLH.

Newsflash: NHS recommendations to Government and Parliament for an NHS Integrated Care Bill

On Thursday 26 September 2019 the Boards of NHS England and NHS Improvement met in common to approve the publication of “The NHS recommendations to Government and Parliament for an NHS Integrated Care Bill”. We provide a summary of the 23 recommendations.

NHS Resolution Early Notification Scheme team publish second report

The Early Notification Scheme team from NHS Resolution have published their second report.

Organ donation update

The Organ Donation (Deemed Consent) Act 2019 Regulations 2020, obtained Royal Assent in March 2019 but came into power on 20 May 2020. This means that Organ donation in England has moved to an “opt out” system. Click to read our summary.

Part 36 offers – what happens when they have been withdrawn?

BritNed Development Limited v ABB AB and ABB Limited [2018] EWHC 3142 (Ch) In this case Mr Justice Marcus Smith’s Judgment on costs offers sets out guidance on how Courts can give weight to Part 36 offers which were made but subsequently withdrawn during the main action.

Podcast: CNSGP – what is the NHS Resolution indemnity scheme for GPs?

In our latest podcast, healthcare litigation expert Patricia Roe and primary care expert Justin Cumberlege have summarise the key points of their webinar on the CNSGP, the NHS Resolution indemnity scheme for GPs.

Podcast: Complex hospital discharges

In this episode, healthcare advisory partner Sophie Bowes provides a concise yet comprehensive guide to managing complex hospital discharges. She explores the discharge to assess model, the importance of robust internal discharge policies, escalation procedures for delayed discharges, and recent legal cases that shape best practice. Learn how to ensure safe, timely patient discharges, avoid common pitfalls, and protect your organisation from legal challenges.

Podcast: Walking the tightrope – patient capacity, best interests, and disclosure

Stephen Maratos and Stephen Evans discuss patient capacity and best interest decisions when it comes to treatment, and the importance of accurate disclosure in inquests and civil claims.

Podcast: What does the Provider Selection Regime mean for primary healthcare providers?

Primary healthcare law experts Justin Cumberlege and Robert McCartney host our first podcast of the year, discussing what the new Provider Selection Regime means for primary healthcare providers.

Regulation of Notifiable Diseases

From the 5 March 2020, Covid-19 was added to the list notifiable infectious diseases under the Health Protection (Notification) Regulations 2010.

Schrödinger’s consent: ARB v IVF Hammersmith Limited & R

The doctor-patient relationship relies on mutual trust: to assume that every patient may be dishonest would cast a shadow over a doctor’s interaction with his patient. Unfortunately, however, there are rare occasions when patients intentionally mislead healthcare professionals, sometimes with grave consequences...

Social Care Newsbrief autumn 2021

Read the autumn 2021 Social Care Newsbrief.

Straight Talk – The implications of unlawful discharge

In this case, the daughters of two care home residents who died of COVID-19 brought a judicial review of policies and guidance released in March and April 2020. Philippa Doyle and Jolena Bullivant-Clark discuss the case.

Summer 2022 partner and associate promotions at Hempsons

With effect from 1st July 2022, Clementine Robertshaw and Rachel Croft have been promoted to partner, and Rachael Hawkin, Sam Stone, and Bronya Greatrex became our newest associates.

Telemedicine – clinical negligence considerations

Elizabeth Thomas explores the significant role of telemedicine and the steps which can reduce the burden on patients and the public purse.

Terminally Ill Adults (End of Life) Bill

This Bill seeks to permit “assisted dying” and it passed its second reading in the House of Commons on 29 November. It has a long way to go and will be subject to debate and amendment at the next “committee” stage.

The Court of Protection: a Brief Introduction

The Court of Protection is a specialist Court established under the Mental Capacity Act 2005 to determine issues relating to individuals who lack capacity to make specific decisions.

The Cumberlege Review – our safety cultures need a fix

Two recommendations could lead to far more information being published about individual practitioners’ areas of clinical accreditation and financial interests

The draft terms of reference for the COVID-19 Public Inquiry have been announced

The draft terms of reference for the COVID-19 public inquiry have been announced. These are wide-ranging and cover the public health response, including how and when decisions were made; how the NHS and wider health and social care system responded, including issues or capacity and resilience; and the economic response.

The Mental Health Bill: Initial Analysis

Mental Health Bill 2024: An initial overview of the proposed changes and potential impacts on mental health services.

The paperwork you have to cough up

Documents and their disclosure are a key component of every case Vicky Rowlands and Emma Summerfield  work on as clinical negligence solicitors. 

Transition from Children’s to Adult Continuing Healthcare (CHC)

Learn how ICBs can manage the transition from children’s to adult Continuing Healthcare, meet legal duties, and avoid disputes through early planning and clear communication.

What exactly is the Court of Protection? Philippa Doyle appears in Care Home Management

Philippa Doyle appears in Care Home Management's March/April issue to discuss Court of Protection.

Withdrawing clinically assisted nutrition and hydration: some clarity on mandatory court applications?

O'Farrell J handed down a judgment this morning confirming that it is not mandatory to bring before the Court of Protection the withdrawal of clinically assisted nutrition and hydration from Mr Y, who suffers from a prolonged disorder of consciousness, in circumstances where the clinical team and Mr Y's family are agreed that it is not in Mr Y's best interests to continue to receive that treatment.

Young autistic people still dying despite coroner warnings over care

The BBC have conducted an investigation into the deaths of over 4,000 autistic people over the last 10 years.