Healthcare startups

Michael Rourke

partner & LEAD CONTACT

• London, Southampton
• corporate, commercial
• m.rourke@hempsons.co.uk
• 020 7484 7648

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Expert legal support for new healthcare start-ups

If you are starting a healthcare business in the UK, or have already started one, there’s plenty for you to think about. Our experienced team of solicitors regularly advise new healthcare businesses and can help and advise you no matter what stage your business is at.

There are a number of things that you should think about when starting a healthcare business, such as:

• The legal structure that you choose to operate your business under;
• The regulatory and compliance issues that you need to consider before you can start offering your services;
• How your services will comply with information governance requirements under the GDPR and, where applicable, with NHS standards;
• How can you sell your products or services into the NHS;
• What steps can you take to protect your product your brand or other ‘Intellectual Property’;
• What agreements and contracts you need to have in place with any suppliers to your business and customers.

We can provide the support and level of detail that’s right for you.  We focus on providing our advice in an understandable format and will not confuse you with excessive legal jargon.  We are here to help you on your journey from an idea through to taking it to market.

How we can help

Once we’ve helped you identify the key legal issues to consider, we can help and advise you on a wide range of topics going forward.  We can assist you in:

1. Advice on setting up your business in the UK – we can assist with the legal structure for your business, assist in its formation and advise on its ongoing governance going forward.
2. Regulation of healthcare businesses in the UK – such as compliance with requirements of the Care Quality Commission (CQC), Medicines & Healthcare Products Regulatory Agency, General Medical Counciland General Dental Council, amongst others.
3. Contracting with Consumers and Patients – we will help you understand what agreements you need in place with end users of your product. From a healthcare perspective we can draft and advise on providing private health services, the relevant laws to consider when  dealing with consumers and what you will need to include in your terms and conditions.
4. Contracting with Third Parties – our specialist commercial team can assist in preparing agreements between you and third parties, whether this is a supplier to your business such a web developer, or a potential customer such as an NHS organisation.
5. Contracting with clinicians – we can provide advice on relevant employment law including key things that you need to know if employing staff or contracting with them for services. This can also include advice on professional registration required for doctors or other clinicians.
6. Working with the NHS –If you wish to work with the NHS, your agreement will them may be subject to public contract regulations and procurement law. Our experienced team can provide an easily understandable explanation of the public procurement regime, including whether you can be awarded a contract directly or if you will need to bid for contracts.
7. Protecting your Product and Brand – a key pitfall for start-ups is not ensuring that you own the ‘Intellectual Property’ in the product that you have created, and it is fundamental at an early stage to establish ownership. Our team can also offer advice on ownership as well as a range of protection for your product and your brand, such as trademarks, design registrations and patents. In addition to this we can help file these applications on your behalf or refer you to one of the trusted patent attorneys that we work alongside.
8. Data protection – our expert team offer tailored advice on data protection law on a daily basis with a particular focus on the GDPR and the Data Protection Act 2018. We also work closely with NHS organisations and can provide you with advice on handling patient data, compliance with NHS rules on data, such as the NHS Data Security and Protection Toolkit and how this may apply to your business.
9. Raising funds for your business – members of our corporate team can assist you with the advice and legal documentation required when you have found an investor for your business. We have experience in fundraising for Seed rounds through to late stage Series A, as well as corporate restructures, mergers and acquisitions.
10. Property –advice on the different ways of owning and occupying property for business purposes in the UK, including specific guidance for healthcare businesses.

Our experience

As well as helping you if you’re starting a healthcare business in the UK, we are well-placed to support you as your healthcare business develops and grows. For example, we can support you with drafting or negotiating contracts, ongoing healthcare regulatory matters, employment law issues, and negotiation of leases or other property matters. Our aim is always to give clear and straightforward legal advice allowing you to concentrate on running your healthcare business.

Members of our dedicated start-up team have worked closely with both national and global technology start-up accelerator programs and are experienced in providing clear and expert advice to early stage businesses.

If you would like to learn more about how we can help you then we’d love to take the time to speak to you and to get know your business. To speak to one of our dedicated start-up lawyers please email m.rourke@hempsons.co.uk in the first instance or call him on 020 7484 7648.