Medical law

Hailsham is one of the top medical law sets in the country. Our team of nearly 40 specialists, including silks and medically-qualified doctors as well as a range of juniors, offers a wide range of experience in medical law. Members of the team provide advice and representation before all levels of court and tribunal in the UK and internationally.

They act for claimants and defendants in matters funded privately, by Legal Aid or CFA and strive to secure the best outcome for their clients using the most appropriate form of dispute resolution whether it be traditional litigation, early neutral evaluation or mediation. In medical law, ethical and legal considerations are often complex and the Hailsham team aim to provide pragmatic and practical advice so as to expertly guide their clients through all aspects of the legal process

Clinical Negligence claims are made when doctors, healthcare professionals or their employers have allegedly breached the duty of care owed to their patient resulting in injury to that patient.

Members of the Hailsham team are instructed in a wide array of clinically difficult and complex cases, acting equally for claimants and defendants. They apply expert knowledge and experience across most medical specialisms including obstetrics, orthopaedics, cosmetic surgery and general practice.

An inquest establishes the circumstances surrounding a person’s death when the death is sudden, violent or unnatural, if the cause is unknown after a post-mortem, occurred in prison or in police custody. This examination is held in public and presided over by a coroner.

Hailsham’s barristers have experience of complex and high profile inquests, representing parties such as families, trusts and medical defence organisations. As well as providing expert representation at an inquest, they also are respectful of the often delicate nature of the situation.

An inquiry is an investigation into a significant event to uncover the surrounding factual details. Determining what happened and why helps to safeguard the public against a similar occurrence in the future.

Members of Chambers have participated in several large-scale public inquiries and are regarded as leading authorities in this practice area.

The Mental Capacity Act provides protection for those who are unable to deal with their affairs due to mental incapacity. Decisions relating to aspects of finances, health and welfare which are considered to be in an individual’s best interests are made by The Court of Protection.

Drawing on the breadth of medical law experience within Chambers, Hailsham’s barristers are available to assist interested parties through all aspects of this legal process providing pragmatic and robust advice about people’s best interests.