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David Birch

Partner

Biography

David is the lead for our NHS Secondary Care and Commissioners Sector. Since 2010, his work has been focused upon supporting health and social care organisations, charities and insurance clients in relation to a broad range of topics, including inquests, investigations, mental capacity, Court of Protection proceedings, best interests, consent, confidentiality, CQC regulation, complaints, candour, commissioning responsibilities, safeguarding, information governance (GDPR, FOIA, etc.) and treatment under the Mental Health Act.

When undertaking his work David has benefited from close working with a variety of organisations, his secondment work at NHS Trusts, and his experience working within insurance companies and for a Lloyds broker.

David frequently represents organisations and their staff at inquests (direct instructions and insurance-funded). He has provided advice and support to professionals appearing before a variety of courts and tribunals and has provided guidance in relation to independent inquiries, high profile inquests and criminal investigations.

The majority of David’s work is focussed upon supporting care providers with the lawful delivery of care, within the NHS and the independent sector (including care homes, supported living and domiciliary care). Some examples of his High Court and Court of Protection work include a 'looked after child' (with challenging behaviours and psychosis) where the court was considering the appropriate placement and care package, the withdrawal of treatment from a patient in ICU, and the court’s consideration of the pregnancy of a woman with the mental age of a two year old.

David regularly delivers training courses to clients and their staff. Some recent topics include Inquests, The Patient Safety Incident Response Framework (PSIRF), Applications in the court of Protection, Excellence in statement and report writing, and the Duty of Candour.

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