The UK healthcare sector is one of the most heavily regulated sectors in the UK. The Covid-19 pandemic, advances in technology and changes in strategy have led to great change in both the NHS and private sectors.

Our dedicated healthcare team works with healthcare professionals, including care home providers, doctors, dentists and pharmacists based in Hertfordshire, London and across the UK. Our lawyers help to make sure healthcare organisations are legally compliant with the regulations imposed on them as well as advise them on other legal aspects related to the day to day running of their organisation, including commercial contracts, property buying and selling, employment issues and when necessary litigation.

Delivering effective and affordable healthcare is an increasingly important and challenging area for both Government and the private sector. The relationship between the two is critical in addressing the complex needs of an ageing population on one hand and the spiralling costs of innovative treatments and medical technology on the other.

In response to the Government’s concern about failings in hospitals and residential care homes, a number of reviews have been undertaken. There is a now growing need for care providers to ensure that not only are they compliant with the Care Quality Commission (CQC) national standards but that their service provision is above reproach.

Employment
Care home owners and managers need to confidently and pro-actively address any potential employment issues as well as ensure that standards are maintained. Employers need to meet their duty of care in ensuring staff are competent, are correctly recruited, adequately and consistently trained, and where necessary, dealt with appropriately in situations of poor performance or misconduct.

Our employment lawyers regularly work with care providers on disciplinary issues, dismissals and settlement agreements and when a solution to an employment dispute can’t be found, we can represent at the Employment Tribunal.

We can also undertake employment audits to review where an organisation’s human resource stands in relation to fulfilling its responsibilities under current (UK) employment law and the CQC people-related standards. Our team of lawyers offer guidance on best practice and can provide a written report which can be used as a senior management HR ‘road map’.

Corporate and property
We regularly work with doctors, dentists, pharmacy owners and operators who are looking for funding and acquiring a new business or premises.

Regularly working with secured lenders on the sales and acquisitions of pharmacies and dental practices, we make sure that not only is the funding in place but that all the legal requirements are met.

Our specialist contracts lawyers review business agreements in detail to ensure they are compliant.

Wills, trusts and probate
We work closely with care homes both locally in Hertfordshire and across the UK, helping care home owners and their staff to be aware of legal issues relevant to the elderly, including Wills, lasting powers of attorney, Court of Protection, probate and estate administration.

We can provide training seminars and a full support service for care home staff to help them talk to residents and families confidently about their concerns and advise them on when they should seek legal advice.

We also help the families and friends of care home residents who are often appointed as attorneys under a lasting power of attorney or as deputys under the Court of Protection. When this role can’t be fulfilled, our lawyers can act as professional attorneys and deputies. We can provide seminars at care homes for the residents and their families to help them understand important legal issues relevant to them.

Litigation and dispute resolution
Our litigation lawyers help both individuals and organisations working in the healthcare sector. Whether it’s a resident who hasn’t paid their care home fees or a pharmaceutical supplier who hasn’t delivered their goods, our lawyers think creatively to resolve disputes without a costly court battle. If going to court can’t be avoided, we take a robust approach to ensure we get the right result.

Private hospitals, clinics, care homes, diagnostic services, out-of-hours providers and individual medical practitioners such as doctors, dentists, nurses and therapists trust our dedicated team of international lawyers with disputes and claims of all shapes and sizes.

From minor claims to catastrophic and fatal injuries; we work tirelessly to protect your reputation. We advise on clinical governance issues such as adverse outcomes and serious incidents, and devise strategies to maintain and improve patient standards.

Regardless of the complexity of the case, the specialist knowledge and advice of our healthcare lawyers, who really understand risk, help you manage this, handling regulatory matters like CE marking or data protection, as well as multi-party and group litigation.

Wherever your case takes you, we’re focused on providing the advice you need. From clinical governance issues, such as adverse outcomes and serious incidents, and strategies to maintain and improve patient standards; right through to helping with issues relating to research and development, and compliance and liability claims against established products – we’ll be by your side securing the best possible outcome.

And when your needs cross borders we call upon our international network of carefully and pre-vetted law firms across 200 jurisdictions. This ensures we find you the right local lawyer for the case – keeping cost and indemnity spend down.

Our healthcare lawyers

Our healthcare lawyers invest valuable time in gaining an understanding of what’s going on in the healthcare sector. This enables us to provide you with informed legal advice, training and support relevant to the sector and your needs.

Our legal services include:

• Advice on Care Quality Commission (CQC) processes
• Commercial Contracting
• Provider Company Formations and Federating
• Dispute Resolution
• Partnership Agreements
• Practice Mergers
• Professional Regulation & Registration
• GP Rural Dispensing
• Superannuation
• Commercial Property Surgery Ownership, Leases & Developments
• Commercial Sales & Acquisitions

Why choose us? 

Our clients say that our dedication to understanding the healthcare sector sets us apart. As a full service commercial law firm, we can provide legal advice on all aspects of your business. If you have a personal legal need, we also advise healthcare professionals on private matters.

Many healthcare providers in England and Wales are privately owned and managed with a corporate business structure. Often, they provide a service to NHS and local authorities as well as private individuals. Whoever their clients are, due to the nature and responsibilities associated with their services, they must comply with sometimes complicated regulations.

These regulations add complexity to transactions involving healthcare practices. Specialist legal advice from solicitors who understand the intricacies of the requirements is necessary for any corporate, property or financial transaction. Clarke Willmott can provide the full range of legal services that your business needs. Our Healthcare Law Team adopts a progressive and innovative approach to handling the multitude of governmental regulations, accreditation and compliance requirements faced by all public and private health care providers and suppliers, as well as our handling of sensitive issues concerning patients and treatment.

With intense competition, a reduction in spending, and heightened regulatory scrutiny, the health care industry and patients can rely on our firm’s extensive knowledge and experience in this complex field.

The healthcare sector is a dynamic and vital industry, subject to evolving patient needs, constant regulatory change, and significant commercial pressures. For healthcare providers, maintaining quality care and compliance while balancing business objectives can be complex, particularly in a landscape shaped by new technologies and advancing medical research. Our healthcare specialists understand the unique challenges healthcare businesses face, and we’re here to support you with legal expertise that matches the precise needs of this sector. Whether you are an owner, operator and/or manager of a care home, provider of social housing, pharmacy or dental practice, innovating in Medtech, breaking new ground in life sciences, or looking to acquire or invest in any healthcare business or property, our dedicated healthcare team offers a comprehensive range of services to guide you through the complexities of corporate and commercial law, property and development transactions, employment issues, and dispute resolution.

We work closely with providers, whether established operators or new entrants to the sector, to ensure compliance with regulations and to facilitate growth and operational efficiency. Our legal services are designed to protect your interests, mitigate risk, and support sustainable business growth. If you would like to find out more about how our dedicated healthcare solicitors can support you and your business, please contact a member of our team directly.

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