The Legal Framework for Clinical Decision-Making

Healthcare professionals are experts in assessing, diagnosis and treating healthcare conditions. Decision-making about treatment is multi-faceted – there are roles (and responsibilities) for the healthcare professionals and for the patient. How do healthcare professionals use their experience and expertise to decide clinically, what treatment to offer to the patient? From the offer, how is a decision taken as to which treatment will be provided?

Hannah Taylor was joined by Parishil Patel KC from 39 Essex Chambers who considered: 

• The two-stage process in decision-making about treatment:
  • The treatment offer(s)
  • Which treatment offer(s) to provide
• When to obtain a second opinion?
• What if the clinical decision as to what treatment is on offer is disputed?
• Article 2 obligations when making a clinical decision not to (continue to) offer a life-sustaining treatment.

Parishil Patel KC has extensive experience of:

• ECHR issues in domestic courts and advising on human rights in the policy context
• Advising and acting for and against public bodies in judicial review claims including claims brought challenging local and central government policy