Health

  • Overview

    Advice and support for the health sector across a wide range of healthcare issues.

    We are a national healthcare firm, with over 80 specialists , many of whom are recognised for their expertise in the key Legal Directories:

    Our expert team combines legal and medical expertise, with doctors, nurses and other health professionals contributing specialist knowledge.

    Our specialist Healthcare team covers all areas of healthcare and related law and practice, including:

    Medical Malpractice/Clinical negligence

    • We are on NHS Resolution’s panel, acting for over 50 of their Members
    • We also act for a growing body of commercial insurers

    Contact: Rachel Kneale

    Services for NHS commissioners and providers

    • Clinical, corporate and information governance: statutory powers, constitutions and decision making processes, including public consultation; health and safety and risk management policies and processes, including health and safety prosecutions; roles and responsibilities of chief executives and chairs of Trusts; conflicts, crises and other reputation management issues
    • Commercial dispute resolution: contractual disputes, debt recovery, recovery actions, enforcing restrictive covenants, insolvency, judicial reviews
    • Construction and engineering: advice on capital estate decisions regarding funding, procurement and management of contracts
    • Employment: advice on issues such as the Agenda for Change, governance, the Maintaining High Professional Standards (MHPS) framework and the role of regulatory professional bodies and cost improvements plans (CIPs) in delivering change
    • Foundation Trust applications
    • Healthcare advisory: FOI requests, DPA, Duty of candour 
    • Healthcare regulation: advising in relation to CQC inspections; HSE investigations
    • Inquests: specialist support and expert insights through all stages of the coronial process 
    • Judicial Reviews: from compliance with pre-action protocols, to representation at the full hearing 
    • Mental health: Human Rights Act, treatment of children in detention, assessment of capacity, best interest decisions, community treatment orders and confidentiality; tribunal law procedure and representation; homicide inquiries and representation at inquests involving patients detained under the Mental Health Act; advising on capacity to manage finances, entry into sexual relations; deprivation of liberty and restraint; the Mental Capacity Act 2005 and applications to the Court of Protection
    • Procurement 
    • Real estate: advising on real estate issues across the healthcare market place 
    • Risk management: relating to data protection and freedom of information.

    Contact: Richard Jolly

    Services for General Practitioners, Dentists and other healthcare professionals

    • Core partnership advice 
    • Practice mergers
    • Partnership disputes and partner retirements
    • GMS/PMS and APMS contract matters
    • Governance issues
    • Integration projects 
    • Partnership federations, and JV projects
    • Property law for new surgery developments, surgery acquisition and disposal, landlord and tenant, service charge disputes
    • Rent reviews, premises costs directions issues and GP property finance
    • Complex employment and pensions issues
    • CQC registration and other governance and regulatory issues
    • Private client, including family, divorce and Wills

    Contact: Edwina Farrell

    Medical defence

    • We have a dedicated team of medical defence specialists, acting for Doctors, Dentists and other healthcare professionals in all aspects of defence, including: fitness to practise procedures conducted by their regulatory body, hearings before the Interim Orders Tribunal, Medical Practitioners Tribunal, and their equivalents; disciplinary and capability procedures; inquests; criminal procedures; injunction and judicial review proceedings
    • Acting via defence organisations - we are instructed by medical and dental defence organisations to represent individual members in all aspects of defence. 
    • Acting on private instructions in the absence of defence cover - we accept instructions on a private basis from individual practitioners in circumstances where the practitioner either falls outside the discretionary assistance of their defence organisation, or where the practitioner is not a member of a defence organisation.

    Contact: James Rowley

    The team is on the consortia for HealthTrust Europe, NHS Commercial Alliance, NHS Resolution, NHS Shared Business Services and NHS North of England.

    Call our dedicated phone number for healthcare enquiries out of hours, we're here 24 hours a day, seven days a week: 0151 243 9830.

    • Ranked Band 1 for "Clinical Negligence: Mainly Defendant" – Chambers and Partners 2019.
    • Ranked Band 2 for "Healthcare" – Chambers and Partners 2019.
    • Ranked Band 2 for "Healthcare: Mental Health: Providers" – Chambers and Partners 2019.

    Related publications

    Services Testimonials

    Weightmans' team "has excellent knowledge of the healthcare sector" and expertise in advising a number of public bodies and NHS clients "means they are well-placed to provide the type of service needed by public bodies".

    Legal 500 2019

    Weightmans is "immensely committed to providing the best service available, working above and beyond expectations."

    Legal 500 2019

    "They provide excellent service and knowledgeable teams – they are a big firm that still manages to ensure that you feel important to them no matter who you deal with."

    Chambers & Partners 2018

    Weightmans LLP is 'excellent across the board; each and every member of the team operates to the same high standard'.

    Legal 500 2017

    Weightmans LLP’s group is 'one of the strongest performers in the sector' and has 'a good understanding of commercial challenges in high-value claims'. It assists major clients, including NHS trusts, clinical commissioning groups and community trusts, with various matters, including regulatory and employment issues.

    Legal 500 2017
    Publications
    Advance decisions, best interests and the definition of treatment: JK v A Local Health Board

    A sensitive and complex case involving the Mental Capacity Act 2005, the Mental Health Act 1983 and the High Court’s inherent jurisdiction.

    Richard Jolly
    Richard Jolly Partner
    News
    Two new Partners for Weightmans London

    National law firm Weightmans has added two further lateral hires to its London office this month as it welcomes Kiran Sekhon and Lili Oliver.

    Tim Lang
    Tim Lang Partner

    Insights
    The perils of recognising acute behavioural disturbance

    Recognising the differences between acute behavioural disturbance and anti-social or criminal behaviour can help first responders determine…

    Martin English
    Martin English Principal Associate

    Insights
    Fundamental dishonesty: Is surveillance always necessary?

    In the case of Carol Sammut v The Dudley Group NHS Foundation Trust (2019), Deputy High Court Judge Allen dismissed the claimant’s claim against the…

    Sarah Hopwood
    Sarah Hopwood Principal Associate

    Insights
    Guidance given on case management, particularly expert evidence, for Court of Protection case

    Vice President of the CoP sets out case management guidance, with a particular focus on expert evidence.

    Morris Hill
    Morris Hill Legal Director

    Insights
    Prison for care home ‘consultant’

    A care home consultant has been sentenced to four months’ custody for withholding evidence/documentation from an inquest into the death of a young…

    Crispin Kenyon
    Crispin Kenyon Partner

    Insights
    CQC drops prosecution of NHS trust

    CQC will not pursue duty of candour case due to a lack of evidence

    Sarah Knight
    Sarah Jane Knight Principal Associate

    Insights
    Idu v East Suffolk and North Essex NHS Foundation Trust

    Conduct associated with a doctor's work does not necessarily mean that it relates to their "professional conduct", decides Court of Appeal

    Ian Pace
    Ian Pace Principal Associate

    Events
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