0800 028 1943
Healthcare & Social Services

Healthcare & Medical Treatments

We put a lot of trust in medical professionals when it comes to our healthcare and that of our loved ones. We trust them to make the right choice and act in our best interests all the time. However, when it comes to something deeply personal like decisions about care and medical treatment, disputes can arise.

At Irwin Mitchell our health and social care lawyers are national leaders in this area of law and experts in providing advice to get the outcome that's right for you. We regularly help our clients to resolve issues relating to:

  • End of life care - where there's been a disagreement about whether or not life sustaining treatment should continue.
  • Refusal of drugs or medical treatments - where the NHS has refused to fund a particular drug or treatment.
  • Other medical treatment -where there's been a disagreement about whether the nature of care or treatment is appropriate for you or a loved one.

We recognise that being a patient, or having a loved one as a patient, can be a stressful experience, particularly if disagreements arise about treatment and care. We know you need clear advice on your rights and quickly.

Our solicitors also have significant experience in "out of hours" applications to court, where an immediate resolution is required.

We also work closely with specialist barristers and medical experts and can call upon their expertise at short notice.

To get in touch with our medical treatment disputes experts, either call us on 0800 028 1943 or fill in our contact form and we will call you back.

Out of hours service
Legal aid available in some cases
Involved in recent high profile medical treatment court cases
Offices nationwide

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Medical Treatment Disputes - More Information
    • Can I Open a Case on Behalf of Someone Else?
    • Yes. Many of our cases are carried out through the Court of Protection, which appoints deputies to act on behalf of people who have lost the capacity to make decisions themselves. For example, if one of your loved ones was left with reduced mental capacity following a road traffic accident then the Court of Protection, following an application and review process, could appoint you as a deputy to legally act on their behalf.

      In cases where there are no close friends or family to act on the client's behalf, a solicitor may also be appointed as a deputy. Solicitors are also appointed if there are exceptionally complex decisions to be made.

      You are free, if you have the mental capacity to do so, to give Lasting Power of Authority to a trusted friend or family member. If, further down the line, your mental capacity deteriorates then the person who holds your Power of Attorney will be able to act on your behalf.

      You can also act on behalf of your children, provided that they're under 18 years of age.

    • Can I get an Immediate Decision?
    • We understand that having a loved one as a patient, or being one yourself, can be a really stressful experience. If a dispute arises you need to be able to get clear advice on your rights and, if needed, a resolution quickly and easily.

      Our lawyers have significant experience in "out of hours" applications to court where an immediate resolution is needed. We also work very closely with specialist barristers and medical experts and can call on their expertise and help at short notice.

      To find out more about our "out of hours" service please either call us on 0800 028 1943 or complete our contact form and we'll call you back.

    • What Types of Funding are Available for 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.

      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.

    • Meet the Experts
    • Our medical treatment dispute experts are recognised as one of the leading teams for this area of law and have been involved with some of the most high profile medical treatment cases.

      We understand that this can be a sensitive issue, especially when you depend on these services. We promise to approach your case with the diligence and sensitivity it deserves and will always do everything we can to get a good outcome for you.

      Meet the experts.

I feel like I've taken on the world and beaten it, not just for me but for everyone else.”

Mrs R, Client
Client Quote

Frequently Asked Questions

Will I Have To Go To Court?

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. To find out more, please call our medical treatment dispute specialists on 0800 028 1943.

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Why Should I Choose Irwin Mitchell To Help Me With A Medical Treatment Dispute?

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.

As a firm, we have acted in some of the most significant and ground breaking cases of recent years.

We approach every case with the same client-first approach that's focused on getting you the result, care and treatment you need.

To talk to us about an issue with your healthcare, or medical treatments for a loved one, either call us on 0800 028 1943 or fill in our contact form and we will call you back.

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What Experience Does Irwin Mitchell Have Of Medical Treatment Disputes?

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. You can call us on 0800 028 1943 or fill in our contact form and we will call you back.

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Awards & Accreditations

We're always proud to be recognised for the work we do for our clients and have been named as a leading firm in the latest legal guides - which provide information and recommendations about lawyers and law firms in the UK.

What Our Clients Say

We truly value and appreciate the feedback we receive from our clients, as we look to improve the services we offer on an ongoing basis.

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Our Offices

Our offices are located in major cities throughout the UK and have excellent transport links.

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