Healthcare

Boasting expertise across a range of sectors, QEB Hollis Whiteman is the full package when it comes to representing the regulator and the professional as a case progresses through the legal system.

Overview

QEB Hollis Whiteman has been at the forefront of healthcare regulation for decades. We continue to appear regularly before all healthcare tribunals and we specialise in providing advice and representation at every stage of regulatory proceedings, from the initial investigation stage to appeals before the High Court. We have considerable experience in acting both for the regulatory bodies and for individual medical professionals and have undertaken some of the most high profile cases in recent times.  We appear regularly at the Medical Practitioners’ Tribunal Service, the General Dental Council, the General Optical Council, the Health Care Professions Council, the General Chiropractic Council, the British Psychoanalytic Council, the General Pharmaceutical Council, the Hearing Aid Council and the Nursing and Midwifery Council, amongst others.  Our prominence and expertise in the fields of general crime and public law uniquely place us to deal with professional discipline cases as they so often progress into other arenas.

Our Experience

Our work has included: advising and appearing for doctors, dentists, nurses, chiropractors, osteopaths, pharmacists and other healthcare professionals facing disciplinary proceedings of any type and on appeal; advising and acting for regulators in fitness to practise hearings (or their equivalent) interim orders hearings, review hearings, restoration hearings, and registration appeals; appearing in the High Court in appeals pursuant to section 40 of the Medical Act, or the equivalent provision relating to other healthcare professions; appearing in Judicial Review proceedings or in the Supreme Court on behalf of healthcare regulators or individuals; advising regulators on the statutory interpretation of their rules; providing assistance to regulators drafting internal policies and professional guidance; and acting as Counsel to the Inquiry in the Mid Staffs public inquiry, the largest ever examination of the NHS healthcare system in the UK.

We continue to undertake regular criminal work and are extremely well placed to advise and provide representation where there is regulatory and criminal interface. In an area of law where there appears to be an increasing appetite to attempt to apply criminal charges to what in the past would have been purely professional failures, the understanding of potential criminal liability is critical when advising in a regulatory context.  We are similarly well placed when our regulatory work crosses into the Public Law domain; our experience of Judicial Review and Inquiries and Inquests make us a popular choice to deal with regulatory proceedings that are likely to progress into other forums.

Of particular significance is our work for the Professional Standards Authority. It is by providing regular advice at the highest level for the Authority (who in turn review the work of all healthcare regulatory bodies) that we retain unparalleled knowledge and insight into the world of healthcare regulation, and are always fully informed of any changes to law and procedure.

A number of senior members of Chambers act as legal assessors for a variety of healthcare regulators. Several of our junior members have undertaken secondments with regulators and the firms who represent them, which provides those junior members with the experience and foundation to undertake representative work.

We are often invited to speak on key issues in healthcare regulation. We organise regular seminars in Chambers, and provide specialist training to regulators and legal firms when requested.

 

Recent Cases

GDC v Z (2018)

Nadesh Karu, acting on behalf of the GDC, successfully applied to extend the suspension of a...

GDC -v- Anita Klimecka-Stankiewicz (2018)

Fallon Alexis acted for General Dental Council in an illegal practice...

R v Professor Lant (2018)

Eleanor Laws QC and Polly Dyer represented Professor Ariel Lant who was accused of 11...

GMC v Dr XX (2018)

Selva Ramasamy QC defended a long established doctor accused of sexual assault on a fellow...

GCC v Akindele (2018) EWHC 336 (Admin)

Successfully acted for the General Chiropractic Council in the high court in resisting the appeal...

Independent Inquiry into Child Sexual Abuse (2018)

Fraser has been instructed as junior counsel to represent the CPS at the Independent Inquiry...

News

GDC v McClure (2018)

Natasha successfully presented the case against a dentist of over 1000 clinical charges, as well...

GMC v Dr Bonar (2018)

Natasha Tatha prosecuted the Dr who was the subject of the Sunday Times covert investigation...

GMC v Boateng (2017)

Natasha Tatha is presenting the case against a doctor who breached his professional relationship...

GDC v O'Brien (2017)

Dentist erased for...

Articles

Tom Kark QC comments on the exposure of NHS Trusts to criminal proceedings brought by the HSE

Tom Kark QC was recently interviewed for the Lexis PSL series on the potential liability of NHS Trusts for criminal charges in the light of the recent announcement that the Mid Staffordshire NHS Foundation Trust is facing charges brought by the HSE in connection with the deaths of patients.

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FGM, The Law the Lessons and the Unintended Consequences

In this article Sean Larkin QC and Zoe Johnson QC explore the issues surrounding the criminal prosecution, the ramifications of the new legislation and the duty of professionals to notify.

The article is based upon a seminar presented by QEB Hollis Whiteman at which expert in the field, Professor Sarah Creighton of University College London Hospital and Great Ormond Street Hospital was guest speaker.

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Wheel Clamping - regulation and the criminal law

The following is an abstract of a Podcast recorded by Paul Raudnitz and Tom Broomfield of QEB Hollis Whiteman Chambers on "Wheel Clamping: Regulation and the Criminal Law".

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