Health and social care
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Healthcare law
Our healthcare specialist lawyers provide legal advice to numerous health sector clients on a wide variety of issues.
Main areas of practice
Our highly experienced lawyers provide expert assistance on:
- Healthcare law
- Medical law
- Regulatory law
- Clinical risk
- Vires issues
- Compliance and governance
- Policy interpretation from legislative change
Clients
Clients we have successfully acted for and advised include:
| Department of Health | Commissioning Support Units |
| Care Quality Commission | Acute and Foundation Trusts |
| NHS England | Nursing & Midwifery Council |
| NHS Wales | Human Tissue Authority |
| Clinical Commissioning Groups | Strategic Health Authorities |
| Human Fertilisation and Embryology Authority | |
Examples of how our healthcare legal experts have helped clients include:
- Advising the NHS Litigation Authority, in conjunction with the Department of Health, on specialist healthcare regulatory matters for 15 Department of Health organisations.
- Providing urgent advice to the HTA on an approved live organ transplant. Prior to the transplant being carried out, information was received which suggested a material change under Regulation 13 (1) (b) of the Human Tissue Act 2004 (Persons who Lack Capacity to Consent and Transplants) Regulations 2006. Timely advice was given as to the ability to carry out an investigation involving an independent assessor without the need for any formal consideration. The investigation undertaken reaffirmed the decision of the donor to proceed and avoided any delay in the transplant being carried out.
- Advising the HFEA in relation to harvesting and storage of sperm for posthumous use in treatment services. The gamete provider had been admitted to hospital suffering from a sudden and serious illness and was brain dead. His gametes were harvested pursuant to an emergency order of the High Court. It was subsequently established that no written effective consent to storage had been given and that the gametes could not be lawfully used in treatment services in the UK. Advice was given in relation to bringing a swift end to the proceedings in the High Court and to consideration of an application for a Special Direction authorising the use of the gametes in treatment services abroad.
- Acting for the Nursing and Midwifery Council to investigate fitness to practise cases involving nurses and midwives.
Related expertise
Main contacts
Related Knowledge & Resources
Health and Social Care Brochure
News
The health and social care sector is transforming. In a rapidly changing environment, our team of specialist lawyers stay ahead of the issues...
First ever NHS corporate manslaughter prosecution stopped by Judge
News
A corporate manslaughter prosecution against Maidstone and Tunbridge Wells NHS Trust, and a gross negligence manslaughter prosecution against consultant anesthetist Errol Cornish has come to a halt.
Blake Morgan appoints Healthcare Provision Specialist as it launches innovative new service
Press Release
Blake Morgan has appointed experienced commercial lawyer and former General Counsel Sarah Bricknell to the newly-created role of Legal Director in its Health and Social Care team.
"No homes for nurses", bridging the gap between social housing and the NHS
Driven by austerity, there are changes afoot in the NHS that present significant opportunities for housing associations to work more closely with the NHS in England.
STPs: More engagement, less speed - the inconvenient truth(s)
The recent stories of STP plans being leaked by disgruntled local authorities almost makes me feel sorry for the impossible task facing the band of reluctant STP leaders.
The NHS Planning Guidance: play nicely - and do it quick
No one can say they have not been told now. The NHS Planning Guidance published yesterday makes a number of things very clear.
Patient data: new Data Protection law on its way
Organisations in the health and care sector will already be well aware of the importance of data protection.
Involving the voluntary and community sector in the health and care system
Research published on 13 April 2016 says that charities have a “legitimate role” to play in the transformation of the health and care system in the UK.
New editions of the JCT Suite of Contracts to be published in 2016
Rachel Gwilliam, Partner in our Construction teams, summarises the new features and upgrades in JCT contracts.
Integration of Care
At Blake Morgan, we understand the drivers for integration and are experienced in working on innovative models to deliver integrated pathways.
Pathology outsourcing
Many NHS organisations are exploring the possible service and financial benefits of new models for the provision of pathology services. This often involves either the consolidation of services across a number of Trusts or geographical areas.
IT Systems
We offer expertise and specialist advice on developing systems for Primary and/or Secondary Care to support service delivery, developing IT solutions within a compliant NHS information governance environment...