Healthcare Regulation

Healthcare Regulation


We know that healthcare businesses are highly regulated. The people, the premises, the products and the services are all subject to a variety of rules and regulations.

For a number of years, Carter Bond has been serving primary healthcare professionals and their businesses very well. Whilst developing this practice, it has made us the preferred legal partner in the area to many doctors, dentists, opticians and pharmacists dealing with merging, acquiring and selling practices.

We are familiar with the regulations, standards of practice and code of conducts of the General Medical Council, General Dental Council, General Optical Council and the General Pharmaceutical Council as well as conducting appeals and defending prosecutions before these regulatory bodies and their respective panels.

Carter Bond can assist with the following:

  • Registration and registration appeals;
  • Fitness to Practise matters (and disciplinary matters against doctors before the Medical Practitioners Tribunal Service (MPTS)); and
  • Interim sanctions and reviews

Usually in the types of proceedings listed above, the regulatory body will have a legal team consisting of solicitors and/or barristers conducting prosecutions or representing the body in general. If you are a health professional that does not have access to fitness to practise legal advice and representation via a professional indemnity provider, then contact Carter Bond immediately.

FAQ - Healthcare Regulation

What are clinical commissioning groups (CCGs)?

CCGs are clinically led statutory bodies with responsibility for commissioning the majority of NHS healthcare services for their local area, including urgent and emergency care, community health services (such as maternity and community mental health services) and elective hospital care (such as outpatient services and elective surgery). Various co-commissioning models are also in place to enable CCGs to commission GP primary care services. 

Are damages possible under the NHS Procurement Regulations?

Monitor has no power to make a damages award. However, a breach of the NHS Procurement Regulations is directly actionable through the courts, as section 76(7) of the HSCA 2012 confirms. A breach of a statutory duty (with a limitation period of six years) may give rise to an actionable statutory tort in relation to which an award of damages could be made. This may be useful in circumstances where an action under the PCR 2015 would be time barred (see Remedies under the PCR 2015). Alternatively, breach of the NHS Procurement Regulations may also expose NHS Commissioners to claims in judicial review (see, for example, R (QRSC Ltd) v National Health Service Commissioning Board). For more information on judicial review, see Practice note, Judicial review procedure: a practical guide. 
 
In principle, a disgruntled provider could pursue a judicial review challenge before complaining to Monitor. This duality of remedy does not exist where a claim is also brought under the PCR 2015. 

What type of concerns may the GMC investigate?

  • Misconduct
  • Poor performance
  • A criminal conviction or caution in the UK (or elsewhere for an offence which would be a criminal offence if committed in the UK)
  • Physical or mental ill health
  • A determination by a regulatory body either in the UK or overseas
  • Lack of the necessary knowledge of English language to be able to practise medicine safely in the UK. 

What is the Professional Standards Authority for Health and Social Care?

The Professional Standards Authority for Health and Social Care oversees 

the work and operation of statutory bodies that regulate health and social care 

professionals in the UK. It reviews the decisions from hearing before statutory committees such the MPTS panel. 

 

If the PSA reviews the outcome of a MPTS hearing and considers that the 

decision is not sufficient for the protection of the public (i.e. too lenient), it can refer the decision to the High Court or Court of Sessions within the 28 day appeal period. 

Jayesh

Jayesh Jotangia

Jayesh is a dual qualified Solicitor-Barrister with over 18 years in alternative dispute resolution, bankruptcy, insolvency and litigation matters. He has extensive knowledge and has acted for clients in the European Courts of Human Rights and the Civil Division of the Court of Appeal.

Reena

Reena Popat

With over 10 years experience, Reena has significant knowledge and expertise when it comes to corporate and commercial matters. She is best placed to draft any agreement you require for your business.


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