Healthcare & Medical Treatment Disputes

Means-tested legal aid is still available for this area of law. The means test is carried out in relation to the person who's getting the benefit of legal representation.

If you're claiming social services or healthcare, it's you who will be getting means tested. If your income is from state benefits, or if you're on a low income and don't have any significant savings, then you're likely to qualify for legal aid. The income or savings of your other family members isn't usually taken into account.

Non-means tested legal aid is available for parents to be represented in proceedings concerning the provision of life-sustaining treatment for children aged under 18.

Some of our clients also fund their cases through Legal Expenses Insurance and so pay nothing for our advice. Whatever your funding method, we will always advise you on how best to fund your case so, if you have any questions, feel free to get in touch.

We always try to resolve cases without the need for court proceedings. We've successfully resolved many cases through "mediation" - an alternative form of dispute resolution where we act as a neutral party to bring about a resolution that suits both sides.

If your case does go to court we'll explain everything clearly to you beforehand, so you know what to expect and what's involved. Many of our clients are surprised how quickly and easily cases are resolved in court.

Whatever happens, our experienced lawyers will be here to provide you and your family advice and support through every step of proceedings.

At Irwin Mitchell, our health and social care specialists have helped many clients get a successful outcome following a medical treatment dispute. Our experts are always on hand to offer support and advice and, with offices right across the country, we're never far away either.

We've acted in some of the most significant and ground breaking cases of this area of law in recent years, including cases involving:

St George's University Hospitals NHS Foundation Trust

In this successful case we helped a family challenge the decision to end life support care for their loved one, who was in a minimally conscious state after he suffered a cardiac arrest leading to brain damage.

St George's Healthcare Trust

We successfully helped our client to challenge the end of life care supplied by St George's Healthcare Trust to her mother, who was in a minimally conscious state. This was the first time that a court in England and Wales ruled to permit the withdrawal of life-sustaining treatment from a person who was deemed to be minimally conscious.

W v M and others

We acted for the family of a woman in a minimally conscious state in a landmark case that set the precedent allowing the Court of Protection to decide whether life sustaining treatment should be withdrawn from a patient in a minimally conscious state.

Ann Marie Rogers v Swindon PCT

In another landmark Court of Appeal case, we successfully challenged the NHS's decision not to provide Mrs Rogers with Herceptin, a live-saving cancer drug.

Colin Ross v West Sussex Primary Care Trust

We made a successful challenge to the NHS's decision not to fund a potentially life-saving new for Mr Ross, a multiple myeloma sufferer.

If you would like to challenge a decision about either your, or one of your loved ones, medical treatment the please get in touch.