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.
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.
Regulatory and compliance
We have extensive regulatory and compliance expertise and regularly help healthcare professionals in disciplinary and fitness to practise matters, particularly for employed and self employed pharmacists, as well as pharmacy owners from the sole proprietor to the large chains including superintendent pharmacists, their trade bodies and other healthcare professionals.
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.
The team also represents clients in this sector in respect of NHS contracting matters. Our experience includes advising clients on
- NHS England pharmacy contract applications for inclusion in the pharmaceutical list
- NHS England applications for a new pharmacy or a relocation
- drafting written submissions objecting to a new pharmacy application
- drafting written submissions on appeals granting or a refusing for a new pharmacy
- their representation at NHS Litigation Authority appeal hearings
- judicial reviews of appeal decisions.