Medical Negligence
If you've suffered negligent treatment, we could help you make a claim.
Healthcare & Medical Treatment Disputes
We put a lot of trust in medical professionals when it comes to our healthcare and that of our loved ones.
We trust them to make the right choice and act in our best interests all the time.
However, when it comes to something deeply personal like decisions about care and medical treatment, disputes can arise.
Choosing the right services for you
At Irwin Mitchell our health and social care lawyers are national leaders in this area of law and experts in providing advice to get the outcome that's right for you.
We regularly help our clients to resolve issues relating to:
- End of life care - where there's been a disagreement about whether or not life sustaining treatment should continue.
- Refusal of drugs or medical treatments - where the NHS has refused to fund a particular drug or treatment
- Living Wills - our Wills team can help write advance decision to refuse treatment instructions, also known as living Wills
- Other medical treatment -where there's been a disagreement about whether the nature of care or treatment is appropriate for you or a loved one.
We recognise that being a patient, or having a loved one as a patient, can be a stressful experience, particularly if disagreements arise about treatment and care. We know you need clear advice on your rights and quickly.
Our solicitors also have significant experience in "out of hours" applications to court, where an immediate resolution is required. We also work closely with specialist barristers and medical experts and can call upon their expertise at short notice.
Template Letters
If you have a medical treatment dispute but you don't want to start legal proceedings yet, your first step should be sending a letter. Below are template letters you can send:
- Objection to DNR - If there is a dispute over applying a “Do Not Attempt Cardiopulmonary Resuscitation” (DNACPR) then consider sending a letter following this format the treating team.
- Withdrawal of treatment (Adult) - If an adult is unconscious/partially conscious then withdrawal of treatment can potentially be challenged under the provisions of the Mental Capacity Act 2005.
- Withdrawal of treatment (Child) - If there is a plan to withhold or withdrawal of life sustaining treatment from a child, where the child does not have capacity to consent, it can potentially be challenged in the High Court.
Frequently Asked Questions
Yes. Many of our cases are carried out through the Court of Protection, which appoints deputies to act on behalf of people who have lost the capacity to make decisions themselves. For example, if one of your loved ones was left with reduced mental capacity following a road traffic accident then the Court of Protection, following an application and review process, could appoint you as a deputy to legally act on their behalf.
In cases where there are no close friends or family to act on the client's behalf, a solicitor may also be appointed as a deputy. Solicitors are also appointed if there are exceptionally complex decisions to be made.
You are free, if you have the mental capacity to do so, to give Lasting Power of Authority to a trusted friend or family member. If, further down the line, your mental capacity deteriorates then the person who holds your Power of Attorney will be able to act on your behalf.
You can also act on behalf of your children, provided that they're under 18 years of age.
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