Medical treatment disputes cover contentious decisions about medical care for adults under mental health services, particularly where capacity, consent, or the use of treatment under mental health powers is in dispute. A solicitor in this area helps clients by reviewing treatment decisions, gathering evidence, and advising on rights to challenge or influence care under the Mental Health Act and the Mental Capacity Act, including applications to the Court of Protection. They may liaise with NHS Trusts, clinicians, and social services to resolve disagreements about appropriate treatment.
What a solicitor handles in these matters
The solicitor handles the procedures and interactions that arise from capacity assessments, best interests decisions, and the interplay between the Mental Health Act and the Mental Capacity Act, including preparation for Court of Protection applications, gathering medical and social evidence, and coordinating with medical professionals, carers and family to protect the client's interests.