![](https://www.hempsons.co.uk/app/uploads/2017/07/Anne-Ball.jpg)
- Manchester
- clinical negligence, criminal defence
- a.ball@hempsons.co.uk
- 0161 234 2402
Experienced and dedicated team advising on all aspects of mental health, healthcare and medical law
Acting for clients in every field of healthcare and medical law allows us to integrate our expertise to provide focused solutions, drawing from good practice as well as a comprehensive knowledge of the relevant law.
Our clients appreciate the ability to contact a specialist at any time and to be provided with a reasoned response to their issues.
Key services and issues
- Asylum seekers
- Capacity and consent
- Charging for services and ‘topping-up’
- Children
- Complaints
- Continuing care
- Duty of candour and fundamental standards of care
- Health and safety
- Information governance and confidentiality
- Inquests and inquiries
- Judicial Review
- Policies and procedures
- Risk management
- Training
- Vulnerable adults
Our work
- Acting for NHS bodies on a challenge to a deprivation of liberty authorisation.
- Advising an SHA on the suitability for publication of a range of SUI investigations.
- Regular advice on issues for inquests, providing support for staff and representing trusts, up to and including Article 2 inquests with juries.
Sectors
Services
PeopleView all
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- Manchester
- information law, healthcare litigation
- c.alderson@hempsons.co.uk
- 0161 234 2448
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- Manchester
- clinical negligence, criminal defence
- a.ball@hempsons.co.uk
- 0161 234 2402
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- Manchester
- healthcare litigation, clinical negligence
- j.baxendale@hempsons.co.uk
- 0161 234 2494
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- Manchester
- healthcare litigation, clinical negligence
- k.blohm@hempsons.co.uk
- 0161 234 2451 / Twitter: @BlohmKb
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- Manchester
- healthcare litigation, clinical negligence
- s.bower@hempsons.co.uk
- 0161 234 2407
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- London
- healthcare advisory
- s.bowes@hempsons.co.uk
- 0207 484 7502
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- Manchester
- healthcare litigation
- f.brecker@hampsons.co.uk
- 0161 234 2482
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- Manchester
- healthcare litigation, clinical negligence
- j.chapman@hempsons.co.uk
- 0161 234 2414
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- London
- healthcare litigation, clinical negligence
- g.chawla@hempsons.co.uk
- 020 7484 7583
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- Manchester
- healthcare advisory
- h.claridge@hempsons.co.uk
- 0161 234 2427
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- Manchester
- clinical negligence
- c.crawford@hempsons.co.uk
- 0161 234 2450
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- Harrogate
- clinical negligence/healthcare litigation
- aed@hempsons.co.uk
- 01423 724006
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- Manchester
- regulatory, private practitioners, healthcare litigation, healthcare
- k.dean@hempsons.co.uk
- 0161 234 2457
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- Harrogate
- clinical negligence
- v.dezsenyi@hempsons.co.uk
- 01423 724136
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- Manchester
- healthcare advisory, health & safety
- j.down@hempsons.co.uk
- 0161 234 2496
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- Harrogate
- healthcare advisory
- p.doyle@hempsons.co.uk
- 01423 724028
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- London
- regulatory, crime and professional discipline
- s.dubb@hempsons.co.uk
- 020 7484 7608
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- Harrogate, Newcastle
- mental health, healthcare litigation, healthcare advisory
- s.evans@hempsons.co.uk
- 01423 724010
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- London
- fitness to practise; criminal defence
- t.francis@hempsons.co.uk
- 020 7484 7547
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- Harrogate
- healthcare litigation, clinical negligence
- h.freeman@hempsons.co.uk
- 01423 724131
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- Harrogate
- healthcare advisory
- r.harding@hempsons.co.uk
- 01423 724 114
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- Manchester
- healthcare litigation, regulatory
- j.hesketh@hempsons.co.uk
- 0161 234 2463
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- London
- healthcare advisory
- j.holmes@hempsons.co.uk
- 020 7484 7557
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- Harrogate
- real estate
- a.igbonaju@hempsons.co.uk
- 0142 372 4016
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- Manchester
- healthcare litigation
- c.jackson@hempsons.co.uk
- 0161 234 2408
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- London
- healthcare advisory
- F.Jago@hempsons.co.uk
- 020 7484 7568
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- Manchester
- healthcare litigation, clinical negligence
- s.jones@hempsons.co.uk
- 0161 234 2433
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- London
- clinical negligence
- h.bhandari@hempsons.co.uk
- 020 7484 7620
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- Harrogate
- healthcare litigation, clinical negligence
- k.kendall-smith@hempsons.co.uk
- 01423 724043
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- London
- healthcare litigation, healthcare advisory, environment and sustainability
- h.king@hempsons.co.uk
- 020 7484 7512
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- Manchester
- healthcare litigation, clinical negligence
- N.Lad@hempsons.co.uk
- 0161 234 2416
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- Manchester
- healthcare litigation, clinical negligence
- k.macdonald@hempsons.co.uk
- 0161 234 2406
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- Newcastle
- clinical negligence
- s.maratos@hempsons.co.uk
- 0191 230 6045
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- Harrogate
- healthcare litigation, clinical negligence
- m.mcfarlane@hempsons.co.uk
- 01423 724021
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- Harrogate
- healthcare litigation, clinical negligence
- c.murphy@hempsons.co.uk
- 01423 724034
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- Harrogate
- healthcare litigation, clinical negligence
- h.pearson@hempsons.co.uk
- 01423 724030
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- Manchester
- Healthcare litigation
- j.popplewell@hempsons.co.uk
- 0161 234 2488
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- London
- mental health law
- c.robertshaw@hempsons.co.uk
- 020 7484 7645
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- Manchester
- healthcare litigation, clinical negligence
- p.roe@hempsons.co.uk
- 0161 234 2452
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- Manchester
- healthcare advisory, inquests
- e.rose@hempsons.co.uk
- 0161 234 2440
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- Harrogate
- clinical negligence
- v.rowlands@hempsons.co.uk
- 01423 724022
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- Harrogate
- healthcare litigation, clinical negligence
- l.scott@hempons.co.uk
- 01423 724038
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- Manchester
- healthcare litigation, clinical negligence
- j.sharples@hempsons.co.uk
- 0161 234 2490
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- Manchester
- crime, regulatory and healthcare litigation
- k.sheldrick@hempsons.co.uk
- 0161 234 2467
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- London
- Regulatory, Crime, Inquests, Police Defence
- a.smith@hempsons.co.uk
- 020 7484 7629
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- Harrogate
- healthcare advisory
- h.stephenson@hempsons.co.uk
- 01423 724138
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- Harrogate
- healthcare litigation, clinical negligence
- e.summerfield@hempsons.co.uk
- 01423 724111
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- London
- healthcare litigation, clinical negligence
- h.talwar@hempsons.co.uk
- 020 7484 7596
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- Manchester
- regulatory, healthcare litigation, clinical negligence
- m.taylor@hempsons.co.uk
- 0161 234 2421
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- London
- healthcare litigation, healthcare advisory
- e.thomas@hempsons.co.uk
- 020 7484 7637
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- Manchester
- healthcare litigation, clinical negligence
- t.waheed@hempsons.co.uk
- 0161 234 2475
NewsView all
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10 legal issues arising from COVID-19 for private practitioners
Every sector of the economy in the UK and abroad is facing unprecedented challenges arising out of the current Covid-19 pandemic; the private healthcare sector is no exception. We have considered some of the legal issues that you may be facing in the current climate and how you might be able to respond to them.
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A summary of the Dr Bawa-Garba case – and what this may mean for trusts
A summary of the Dr Bawa-Garba case - and what this may mean for trusts
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Accommodation claims – where do we stand after Swift v Carpenter?
On 9 October 2020 the Court of Appeal handed down Judgment in Swift v Carpenter [2020] EWCA Civ 1295. This article sets out the decision in Swift and considers where we are now.
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Advance care planning – a difficult path to tread?
Advance care planning which is patient specific will not only ensure it acts as a protector of patients’ rights and wishes, but will also be a shield for clinicians against complaint or claim and is an essential tool for providers in ensuring a comprehensive service.
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Bawa-Garba: the gross negligence manslaughter story latest
A summary of the Dr Bawa-Garba case so far; Should a Doctor’s Gross Negligence Manslaughter conviction lead to automatic erasure from the GMC Register?
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Bell v Tavistock and Portman NHS Foundation Trust and others – requirements for consent under Gillick
On 1st December 2020 the Divisional Court gave judgment in this unusual judicial review involving the circumstances in which a child or young person under 18 may be competent to give valid consent to treatment in law for the use of hormone or puberty blockers for gender dysphoria, and the process by which consent to treatment is obtained.
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Claimant found guilty of criminal act cannot claim damages against negligent NHS trust
The Supreme Court has now handed down its judgment in the long and sad case of Ecila Henderson v Dorset Healthcare University NHS Foundation Trust. The judgment puts to rest the issue of whether a claimant who has been found guilty of a criminal act can recover damages from the party whose original negligence gave rise to the situation where the claimant was able to commit the criminal act.
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Court of Protection guidance: When not to go to Court and how to when you do
The Vice President of the Court of Protection has issued helpful guidance HERE on bringing proceedings in relation to proposed “serious medical treatment”.
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Covid-19: Key legal considerations arising from the pandemic
Hempsons and NHS Providers launch guide covering the legal liabilities that are likely to arise due to the pandemic.
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Custodial sentence for exaggerated claim against the NHS
Linda Metcalf has received an immediate 6-month custodial sentence for her deliberate attempt to defraud the NHS and deceive the Court. She has also been ordered to pay the Trust’s costs of the proceedings. Sentence was passed by Mr Justice Griffiths in the Leeds District Registry on 11.02.21.
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Data protection – getting it right
Dentists across the UK will be all too familiar with the Data Protection Act 1998 (DPA) but possibly not yet accustomed to the EU’s General Data Protection Regulation (GDPR) which will apply from 25 May 2018. Notwithstanding Brexit, the UK government has indicated that it will implement the new regime.
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Defendant obtains wasted costs order against Claimant’s medico-legal expert: Samantha Thimmaya v Lancashire Teaching Hospi...
This case highlights the importance of Medico-Legal Experts duties to the Court and the potential consequences when they fail in those duties.
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Digital Newsbrief: Summer 2020
Hempsons’ Digital Newsbrief, providing an update on a range of commercial and legal issues as well as a focus on current clients of Hempsons.
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Digital transformation – are you prepared?
Digital transformation is crucial for the NHS as it seeks a sustainable future and to meet expectations of high quality care. A number of different programmes are now in place to support this...
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DNACPR Orders and COVID-19
In this article, Sophie Barbour explores what the law says about the way that DNACPR orders should be made in more detail and consider some practical solutions to difficulties being faced by clinicians in view of COVID-19.
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Extending mandatory COVID vaccination throughout health and social care
Mandatory covid vaccination in care homes was implemented on 11 November 2021. Without a valid exemption, workers will not usually be permitted access to (or be able to work in) care homes.
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Five top tier rankings for Hempsons in the Legal 500 2023 UK guide
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GDPR – are you ready?
Keeping confidential information about staff and patients secure is a responsibility NHS organisations have taken seriously for a long time. But the requirements on them are about to increase. From May 2018, organisations will need to comply with the General Data Protection Regulation (GDPR), an EU regulation.
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Healthcare newsbrief: Summer edition now available
Welcome to this latest edition of Hempsons’ healthcare newsbrief. Healthcare policy is always a challenging area to write about and this year the election, with its uncertain result, has made it even more so.
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Healthcare newsbrief: Winter 2017 edition now available
Welcome to the winter edition of Hempsons’ Healthcare Newsbrief. Many of you will be reading this at the NHS Providers conference where many of the issues we are writing about – from moving towards digital records to the issues around moving to an accountable care organisation – will be either discussed or on the minds of delegates...
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Hempsons celebrate another great year in The Legal 500
We are delighted to announce another outstanding year for Hempsons in The Legal 500. Our team has been praised for its exceptional reputation and high quality of work over the past year.
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Hempsons’ Healthcare Newsbrief
Welcome to our Autumn/Winter 2019/2020 edition of Hempsons’ Healthcare Newsbrief.
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Hempsons’ Healthcare Newsbrief 2018
Welcome to this autumn edition of Hempsons’ Healthcare Newsbrief. It has been a busy few months for the NHS in the legal system with some ground-breaking decisions on key areas such as withdrawing clinically-assisted nutrition and hydration, fitness to practice and procurement.
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How will the easing of the face covering requirement on 19 July 2021 in England affect our health and social care services?
So called “Freedom Day” today brings with it the end to many coronavirus restrictions, some of which have been in place for well over a year.
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How will your PCN work with others?
One of the requirements of the Network Contract DES Specification for 2020/21 is for PCNs to agree how to work with local community services providers, mental health providers and community pharmacy providers.
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HSJ shortlist Hempsons for Legal Services Provider of the year award
Hempsons has received more high-profile acclaim for our work on accountable care and system transformation – this time from the Health Service Journal with its first ever HSJ Healthcare Partnership Awards.
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Human Fertilisation and Embryology (Statutory Storage Period for Embryos and Gametes) (Coronavirus) Regulations 2020
The Human Fertilisation and Embryology Regulations 2020 come into force on 1st July 2020. Click here to read our summary.
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Key legal development update – January 2020
Key legal developments in healthcare and medical law for January 2020.
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Key legal developments update – July 2021
Welcome to our latest update for healthcare and medical law - a snapshot of the landmark rulings and a number of other interesting developments in the legal world.
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Key Legal Developments Update – June 2017
We’ve highlighted the latest key legal developments within healthcare. The below snapshot of information covers land mark rulings from mental health to inquests and a number of other interesting developments in the legal world.
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Key Legal Developments Update – October 2018
Welcome to our latest key legal developments where we have highlighted the latest updates within healthcare.
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Landmark Supreme Court judgment on withdrawing clinically assisted nutrition and hydration
Hempsons acted for the successful CCG and NHS Trust in today's Supreme Court judgment on when an application to Court is needed to withdraw clinically assisted nutrition and hydration
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Liberty Protection Safeguards – an update
Liberty Protection Safeguards (“LPS”) are due to replace the current Deprivation of Liberty Safeguards.
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Liberty Protection Safeguards – start date significantly delayed
The Government made a statement on 16 July 2020 confirming, as widely expected, the implementation date for the Liberty Protection Safeguards has been put back to April 2022.
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Liberty Protection Safeguards delayed “beyond the life of this Parliament”
The Government announced on 5 April 2023 that it had taken the “difficult decision to delay the implementation of the Liberty Protection Safeguards beyond the life of this Parliament” as part of its wider plans to reform and improve adult social care.
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Looking forward to the new Procure 2020 construction framework and the new Hilary Mantel novel
The Hempsons team speculate what the Procure 2020 framework might offer to an NHS estates sector eager for solutions.
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New Year partner and associate promotions
We are delighted to announce a new partner and several associate promotions, providing a major boost to our healthcare advisory, healthcare litigation, commercial and real estate teams.
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Newsflash: Coronavirus and Critical Care
Ventilators and the number of critical care beds are a regular feature of the Government’s daily briefings and the questions posed by the media. This newsflash explores the guidance currently available and which of the current legal provisions will be held to apply.
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Newsflash: Hospital Resources Amid Covid-19
On 9 April 2020, Chamberlain J. handed down his judgment in the case of University College London Hospitals NHS Foundation Trust v MB [2020] 882 (QB) in which Hempsons and Simon Sinnatt, Counsel from 1 Crown Office Row Chambers, represented UCLH.
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Newsflash: NHS recommendations to Government and Parliament for an NHS Integrated Care Bill
On Thursday 26 September 2019 the Boards of NHS England and NHS Improvement met in common to approve the publication of “The NHS recommendations to Government and Parliament for an NHS Integrated Care Bill”. We provide a summary of the 23 recommendations.
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NHS Resolution Early Notification Scheme team publish second report
The Early Notification Scheme team from NHS Resolution have published their second report.
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Organ donation update
The Organ Donation (Deemed Consent) Act 2019 Regulations 2020, obtained Royal Assent in March 2019 but came into power on 20 May 2020. This means that Organ donation in England has moved to an “opt out” system. Click to read our summary.
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Part 36 offers – what happens when they have been withdrawn?
BritNed Development Limited v ABB AB and ABB Limited [2018] EWHC 3142 (Ch) In this case Mr Justice Marcus Smith’s Judgment on costs offers sets out guidance on how Courts can give weight to Part 36 offers which were made but subsequently withdrawn during the main action.
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Partner and associate promotions
We are delighted to announce this year’s round of partner and associate promotions, providing a major boost to our Healthcare Litigation and Real Estate teams.
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Podcast: Walking the tightrope – patient capacity, best interests, and disclosure
Stephen Maratos and Stephen Evans discuss patient capacity and best interest decisions when it comes to treatment, and the importance of accurate disclosure in inquests and civil claims.
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Podcast: What does the Provider Selection Regime mean for primary healthcare providers?
Primary healthcare law experts Justin Cumberlege and Robert McCartney host our first podcast of the year, discussing what the new Provider Selection Regime means for primary healthcare providers.
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Regulation of Notifiable Diseases
From the 5 March 2020, Covid-19 was added to the list notifiable infectious diseases under the Health Protection (Notification) Regulations 2010.
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Schrödinger’s consent: ARB v IVF Hammersmith Limited & R
The doctor-patient relationship relies on mutual trust: to assume that every patient may be dishonest would cast a shadow over a doctor’s interaction with his patient. Unfortunately, however, there are rare occasions when patients intentionally mislead healthcare professionals, sometimes with grave consequences...
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Social Care Newsbrief autumn 2021
Read the autumn 2021 Social Care Newsbrief.
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Straight Talk – The implications of unlawful discharge
In this case, the daughters of two care home residents who died of COVID-19 brought a judicial review of policies and guidance released in March and April 2020. Philippa Doyle and Jolena Bullivant-Clark discuss the case.
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Summer 2022 partner and associate promotions at Hempsons
With effect from 1st July 2022, Clementine Robertshaw and Rachel Croft have been promoted to partner, and Rachael Hawkin, Sam Stone, and Bronya Greatrex became our newest associates.
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Telemedicine – clinical negligence considerations
Elizabeth Thomas explores the significant role of telemedicine and the steps which can reduce the burden on patients and the public purse.
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The Court of Protection: a Brief Introduction
The Court of Protection is a specialist Court established under the Mental Capacity Act 2005 to determine issues relating to individuals who lack capacity to make specific decisions.
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The Cumberlege Review – our safety cultures need a fix
Two recommendations could lead to far more information being published about individual practitioners’ areas of clinical accreditation and financial interests
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The draft terms of reference for the COVID-19 Public Inquiry have been announced
The draft terms of reference for the COVID-19 public inquiry have been announced. These are wide-ranging and cover the public health response, including how and when decisions were made; how the NHS and wider health and social care system responded, including issues or capacity and resilience; and the economic response.
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The paperwork you have to cough up
Documents and their disclosure are a key component of every case Vicky Rowlands and Emma Summerfield work on as clinical negligence solicitors.
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What exactly is the Court of Protection? Philippa Doyle appears in Care Home Management
Philippa Doyle appears in Care Home Management's March/April issue to discuss Court of Protection.
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Withdrawing clinically assisted nutrition and hydration: some clarity on mandatory court applications?
O'Farrell J handed down a judgment this morning confirming that it is not mandatory to bring before the Court of Protection the withdrawal of clinically assisted nutrition and hydration from Mr Y, who suffers from a prolonged disorder of consciousness, in circumstances where the clinical team and Mr Y's family are agreed that it is not in Mr Y's best interests to continue to receive that treatment.
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Young autistic people still dying despite coroner warnings over care
The BBC have conducted an investigation into the deaths of over 4,000 autistic people over the last 10 years.