Regulatory risk | Healthcare
NHS Resolution publishes its annual report and business plan
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Public healthcare is dominated by constant significant change in regulation, planned policy, legal obligations and in the quality of care and patient safety. The wealth of experience our lawyers have in advising public sector healthcare providers globally gives us unique insight into the distinct issues that impact their business.
In the UK, we are well known in the industry for our ‘deep healthcare experience in relation to NHS advisory work and representation in inquiries, employment, PFI projects and litigation’. We have lawyers who specialise in providing legal advice to the NHS (we currently work with more than 50 Trusts) and other UK healthcare and public sector bodies, including NHS Resolution. We offer a fully integrated practice, covering litigation, projects and construction, real estate, corporate, intellectual property, commercial, IT, regulatory and employment advice.
At an operational level, we support our clients on the strategic issues affecting their business including reorganisations, the structure and delivery of corporate transactions, commercial / outsourcing contracts, employment and intellectual property issues. We also advise clients in relation to the legal implications of developing regulations and have advised a number of clients in dealing with Freedom of Information and data protection issues.
Internationally, we advise government authorities, administrative and professional bodies on a number of legal and policy decisions that shape the delivery of healthcare services.
In the Middle East, we have advised a number of government bodies on the formation and redrafting of their healthcare and related insurance laws. Through advising governments and industry bodies at a legislative level, we become aware of the public policies and government objectives driving healthcare regulations and are at the forefront of legal developments in the sector. This knowledge is very helpful when advising private facilities with regard to the interpretation and implementation of healthcare legislations.
Advising on the terms of reference for Abu Dhabi Health Authority’s disciplinary committee for medical professionals which involved considering applicable federal and Abu Dhabi laws and regulations and examining best practice internationally
Representing an Acute Trust in relation to an application by national media for disclosure of medical records
Representing The Royal Marsden NHS Foundation Trust in connection with its set up of chemotherapy treatment wards on a satellite basis with two other care hospitals around the South East including advising on the Estate Code matters for leasing and dealing with the setting up of the wards and the facilities and the associated cost provision of services between ward and general hospital
Advising with regard to a challenge by a family member to prevent the hospital switching off life support and allowing the patient to die with dignity
Advising the CQC on the establishment of the Commission, including the statutory transfer of assets and liabilities from the Commission for Social Care Inspection, the Healthcare Commission and the Mental Health Act Commission
Providing representation at a long and complex article 2 inquest involving a death in a prison where the quality of the healthcare was criticised
Advising NHS bodies on the pensions aspects of TUPE transfers, including the risks associated withbeneficial early retirement rights (such as those provided under the NHS Pension Scheme) transferring under TUPE.
Advising East Kent Hospitals University NHS Foundation Trust on its re-purchase of the entire issued share capital of Healthex Limited in order to regain control of the subsidiary company
Acting on behalf of an NHS Trust defending a claim for disability discrimination, whistleblowing and unfair dismissal brought by a consultant who had been dismissed for misconduct
Advising NHS Trusts in dealing with Freedom of Information Act and Data Protection Act requests as well as advising on all aspects of healthcare law including the Children Act, hospital policies and protocols and confidentiality
Advising on the terms of reference for Abu Dhabi Health Authority’s disciplinary committee for medical professionals which involved considering applicable federal and Abu Dhabi laws and regulations and examining best practice internationally
Representing an Acute Trust in relation to an application by national media for disclosure of medical records
Representing The Royal Marsden NHS Foundation Trust in connection with its set up of chemotherapy treatment wards on a satellite basis with two other care hospitals around the South East including advising on the Estate Code matters for leasing and dealing with the setting up of the wards and the facilities and the associated cost provision of services between ward and general hospital
Advising with regard to a challenge by a family member to prevent the hospital switching off life support and allowing the patient to die with dignity
Advising the CQC on the establishment of the Commission, including the statutory transfer of assets and liabilities from the Commission for Social Care Inspection, the Healthcare Commission and the Mental Health Act Commission
Providing representation at a long and complex article 2 inquest involving a death in a prison where the quality of the healthcare was criticised
Advising NHS bodies on the pensions aspects of TUPE transfers, including the risks associated withbeneficial early retirement rights (such as those provided under the NHS Pension Scheme) transferring under TUPE.
Advising East Kent Hospitals University NHS Foundation Trust on its re-purchase of the entire issued share capital of Healthex Limited in order to regain control of the subsidiary company
Acting on behalf of an NHS Trust defending a claim for disability discrimination, whistleblowing and unfair dismissal brought by a consultant who had been dismissed for misconduct
Advising NHS Trusts in dealing with Freedom of Information Act and Data Protection Act requests as well as advising on all aspects of healthcare law including the Children Act, hospital policies and protocols and confidentiality
Representing a Mental Health Trust at the first hearing before the Upper Tier (Health, Education and Social Care Chamber) Tribunal in relation to disclosure of information, this decision provided guidance to all Mental Health Organisations in relation to disclosure of third party information to patients' solicitors
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