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: Simon Turner

    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

    Lessons learned from the Duncan Bennett case

    A recent case has thrown in to sharp focus the considerable powers of coroners to demand a person or organisation to deliver up information relevant…

    Sarah Jane Knight Principal Associate
    Insights

    Government guidance for adult social care providers: are you ready for a no-deal Brexit?

    The advice from the government should be considered carefully and the appropriate planning and preparation undertaken as failure to do so could result…

    Morris Hill
    Morris Hill Legal Director

    News

    Weightmans bolsters Corporate offering with key partner hire

    Mike Clifford is the fifth Partner in three months to join the firm’s Birmingham office as Midlands offering continues to grow

    Mike Clifford
    Mike Clifford Partner

    Insights

    Junior doctors’ rest breaks should be monitored using actual recorded data

    Junior doctors' breaks must be tracked with actual recorded data, not expected or substitute data

    Ian Pace
    Ian Pace Principal Associate

    Insights

    Public sector pensions – two key developments

    This month has seen two key developments that are likely to have a wide-reaching ongoing impact on public sector pensions.

    Jane Marshall
    Jane Marshall Partner

    Insights

    The discount rate's impact on the healthcare sector

    The Lord Chancellor has announced the result of the discount rate review under the Civil Liability Act 2018. From 5 August 2019, the discount rate…

    Paul Thomson
    Paul Thomson Partner

    Insights

    High Court overturns decision due to hostile questioning

    High Court overturns a regulator's decision on the basis that hostile panel questioning of the registrant amounted to a serious procedural…

    Simon Turner
    Simon Turner Partner

    Insights

    PSA publishes advice reviewing the role of ‘public confidence’ in the profession

    PSA publishes advice to the Secretary of State examining how 'public confidence' in the profession is assessed in fitness to practise cases

    Simon Turner
    Simon Turner Partner

    Events
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