The firm is delighted to announce that Rakesh Veja was the winner of the Leicestershire Law Society Solicitor of the year award. The announcement was made at the annual dinner on the 19th May 2023.
Category: News
Leicestershire Law Society Awards Solicitor of the Year
We are also delighted to announce that Rakesh Veja, one of our directors and an Accredited Legal Representative. Has been shortlisted in the category of Solicitor of the Year, at this years Leicestershire Law Society Awards. The awards will be held on the 19th May 2023.
Leicestershire Law Society Small Firm of the Year
We are delighted to have been shortlisted in the Small Firm of the Year category at this years Leicestershire Law Society Awards. The awards will be held on the 19th May 2023
5 Legal Issues in Digital Health Solutions
Tags – Legal Issues in Digital Health Solutions
As technology advances and more people move to digital solutions, the health industry is quickly following suit.
In fact, a recent study by PwC found that 78% of healthcare providers plan to invest in or expand their digital health services in the next three years.
This is great news for patients and providers alike, as digital health solutions offer many benefits over traditional methods: patients are being treated remotely via mobile doctor apps, symptom-checking bots are triaging patients and providing tailored advice, and new remote consultation and tracking solutions are entering the market at a rapid pace.
However, with this progress comes new legal challenges. In this blog post, we will discuss 5 of the most pressing legal issues in digital health solutions.
1. Data Protection
Organisations that use patient data will have to identify whether they are a processor or controller, and adhere to any relevant GDPR regulations.
There may be tough GDPR problems to tackle, such as consents, security measures, and data transfer limitations.
During the pandemic, the UK’s Information Commissioner’s Office released advice stressing that data protection does not prevent organisations from sharing information or changing their operations – data protection is about being proportionate.
However, the GDPR is only one piece of the puzzle when it comes to using patient data.In the UK, the common law duty of confidentiality between doctors and patients may need to be considered; this limits healthcare professionals’ ability to exchange information.
There are also the National Data Guardian’s Data Security Standards and the UK’s National Health Service’s (NHS) detailed information governance standards to consider.
2. Registration Requirements for Regulated Activities
There is no telemedicine-specific legislation in the UK, resulting in a more digital health-friendly environment than some other countries.
However, your business may still be required to register particular regulated procedures with the UK’s Care Quality Commission (CQC), such as triage and remote medical consultation.
The registration procedure is lengthy and includes a thorough application process, an evaluation by the CQC, and a CQC inspection.
Providers of licensed services must also adhere to ‘fundamental standards’ and guidance on topics such as patient mental capacity and assurance of patient identification.
3. Liability
It’s wise that digital health providers consider and mitigate several potential avenues for liability claims. This includes:
- Strict liability under the Consumer Protection Act 1987, which implements the EU Product Liability Directive
- Fault-based liability for negligence, such as medical negligence claims
- Contractual liability (depending on the contracts entered into)
- Exposure to liability under the MDD and MDR
There is quite a high, and ever increasing, appetite for medical negligence actions in the UK.
4. Market Access and Reimbursement
In the UK, the NHS is by far the largest customer of healthcare products and services.
The NHS, however, may be a difficult customer to deal with – processes are decentralised and complex, and they differ from one NHS trust to the next.
As such, defining the ways that governments might use electronic health technologies in a post-implementation context will help us better understand how they affect public money and procurement rules.
The complexities of contracting with NHS bodies, including the monetary thresholds for contracts which may necessitate public tenders by hospitals, potential commercial models of supply, and reimbursement.
5. Medical Device Regulation
There’s a chance your digital health solution will be regulated as a medical device in the EU if it has a medical function.
There are some exceptions, but in most cases, a company should conduct an evaluation to see whether this is the case and to determine the classification of any potential medical device.
The UK’s Medicines and Healthcare Products Regulatory Agency (MHRA) is laser-focused on prioritising any technologies that can assist in the fight against COVID-19, so any digital health tool that may aid in this will almost certainly be given high priority in reviews and approval processes.
In certain situations, the MHRA may allow manufacturers to market non-CE labelled goods in the interest of public health protection.
Final Remarks
There’s a new direction to make it simpler for commissioning bodies to embrace digital healthcare technologies, and for inventors to facilitate this.
The National Institute for Health and Care Excellence (NICE) has created an evidence standards framework for digital health technologies that addresses efficacy and economic impact criteria.
The UK has also established a ‘Code of conduct for data-driven health and care technology’ to outline the government’s standards for those developing, deploying, and utilising data-driven technologies in the NHS.
As with the MHRA, NICE is placing a high value on COVID-19, therefore any digital health solutions in this area are likely to be given special attention by NICE during evaluation and approval procedures.
For more information, please get in touch today.
In the meantime, take a look at our Court of Protection solicitors here.
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South Leicestershire Food Bank
We are pleased to support this event in remembrance of Mandeep Singh. Our commitment to South Leicestershire Food Bank remains ongoing. We will be continuing our support with the great work being done by the team at South Leicestershire Food Bank.
5 Questions You Must Ask Your Therapist
Tags – Questions to ask your therapist
So you’ve decided: it’s time for therapy, but finding the right therapist for you can be quite the challenge.
After all, you want a place where you can sit with a trained professional and talk about whatever is on your mind and receive the right help and advice.
At the end of the day, therapy is a collaborative process, and the more you feel invested into it, the better opportunity you have to grow.
But, to make the most out of your therapy sessions, there are a few questions you should ask before choosing a therapist.
And, you shouldn’t feel uncomfortable asking questions or expressing your needs either, as therapy is about what you want to do as much as it is about your therapist’s treatment plan.
With that in mind, here are 5 questions you must ask your therapist before starting your treatment.
1. What Training Did You Do?
Therapists and psychologists across the UK will have spent a minimum of three years in training, but usually many will have trained for longer.
A reputable therapist will be registered with a professional membership body, which indicates they practice ethical and professional standards.
In the UK, a counselor does not have to be registered with a professional body, however it does act as a layer of protection for you both. For instance, if you needed to raise a complaint about your therapist, you would contact the regulatory board.
2. Have You Ever Been in Therapy?
It’s important for a therapist to spend some time in their own therapy, even if it’s not required, as this enables them to know what it feels like to be on the other chair.
Generally speaking, this is seen as good practice in therapy and helps them to understand clients’ experiences without projecting their own life experiences.
However, even though asking your therapist whether they’ve had therapy is a valid question, don’t expect to find out any personal or specific information about their experience; a good therapist will set firm boundaries and will not overshare.
3. What is Your Approach?
Before you dive into your sessions, you’ll want to know how your therapist can help you and what their general approach is.
By asking this, you will learn more about their area of expertise, what specific treatment plans they use, as well as what their therapy style and background is like. And, this will help you gauge who they are and decide whether their methods will be a good fit for you.
For example, cognitive behavioural therapy is more focused on immediate issues and looks at relearning behaviours and thought patterns. Treatment for this usually involves learning tools and being given “homework” to practice out in the real world.
On the other hand, psychodynamic therapy looks at the root causes of the issue you’re faced with and focuses on creating a change by looking deeply inwards.
All in all, you will only benefit from therapy if you feel comfortable with the therapist’s style, don’t be scared to ask this question.
4. How Many Sessions Will I Need?
Depending on the style of therapy you choose, the answer will not always be straightforward.
However, your therapist should be able to provide you with a rough idea of how many sessions you may need and suggest a good starting point.
For instance, your therapist may say, “We’ll look at starting with 12 sessions to begin with, and then check-in to see how you’re doing”.
Despite their best intentions, not every therapist will be right for you, and a good therapist should speak if they believe you’re in a place where you’re no longer making progress or if you would be better seeking alternative treatment.
Simply put, a good and reputable therapist will be just as set on getting you better as you are, so be wary of anyone who is hesitant about giving you a rough idea of what kind of timeframe you’ll be looking at.
5. How Should I Prepare For Sessions?
Therapy requires you to put in work both during the session and once you leave.
For example, in cognitive behavioural therapy, you may be tasked to complete worksheets outside of the session.
Similarly, in an insight-oriented approach, your therapist may ask you to simply bring awareness to your emotions and recognise stressful situations, as well as note down any relevant thoughts that crop up in that time.
As such, asking how you should prepare for sessions will give you a better idea of what your therapist expects from you when you walk away.
And, if you feel like these expectations are unreasonable, or will cause you more stress, you can voice this to your therapist as they may be able to suggest alternative methods.
Furthermore, asking this question will also help you understand how to make the most of your therapy and therefore make it more likely to be successful.
Closing Thoughts
Being prepared with the right questions allows you to learn more about your therapist and what they can offer you.
But whilst finding out about their training and expertise helps you make a decision, it’s important you focus on how they make you feel too.
Overall, a good therapist will feel like a partnership, so you need to feel understood, comfortable and have your best interests at heart.
Want to know more? Get in touch today.
In the meantime, check our Court of Protection Solicitors services.
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The Participation of P in Court Proceedings
Tags – Participation of P in Court Proceedings
Initially the Court of Protection (CoP) was established to make decisions under the Mental Capacity Act 2005 (MCA), including determining whether a person has the mental capacity to make a decision for themselves, and, if not, determining what course of action is in their best interests.
Due to their lack of capacity, it may not always be appropriate for P to be directly involved with these proceedings.
However, their wishes and feelings should always be held in serious consideration.
Because, there is no “one size fits all” approach to ensuring that P’s voice is heard by the court and it will depend on P’s own ability and willingness to be involved.
Although, there are certain factors that must be considered when deciding how best to incorporate P into the proceedings.
In fact, the guidance is unequivocally clear that the court must be properly informed about all aspects of P, including their current and past wishes and feelings.
Court of Protection Rules
Rule 1.2 of the court of protection rules 2017 makes provision to:
- ensure that in every case the question of what is required to ensure that P’s “voice” is properly before the court is addressed; and
- provide flexibility allowing for a range of different methods to achieve this, with the purpose of ensuring that the court is in a position to make a properly informed decision at all relevant stages of a case.
As P is required to be placed at the centre of proceedings, their wishes and feelings are of paramount importance.
Moreover, these views can be provided in a number of ways, depending on P’s ability and the stage of proceedings; it can be provided to the court in the form of a witness statement, either from P’s own solicitors or from their advocate or relatives.
Of course, P is also entitled to address the Judge and the court directly.
Undoubtedly, the legal world can be intimidating and so P may not always feel confident in attending hearings in person.
As such, a more informal Judge’s attendance can be arranged, so that P can personally outline their wishes; this can be conducted where P feels most comfortable and so may occur in their own home or placement.
For more information, get in touch today.
In the meantime, please check out our Court of Protection Solicitors page.
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Legally Protecting Vulnerable Individuals after Covid Lockdown
Tags – Protecting Vulnerable Individuals After Covid Lockdown
Whilst we start to emerge from full-on Covid lockdown, there will still be a very slow progression back to normality in society.
Moreover, the Government’s guidelines suggest that the road map outlined on 22nd February details the very earliest dates each stage will progress to the next.
As such, safety and social distancing will stay firmly at the forefront of all practices involving the legal protection of the vulnerable.
Court of Protection
With regard to the Court of Protection, the official guidance implemented mid 2020 remains in place.
Whilst the vice president of the Court of Protection, Mr Justice Hayden laid down guidelines in order to maintain the necessary legal protection of those deemed vulnerable, he also ensure the safety of everyone involved. For example, systems put in place to dispense with the need to meet face to face wherever possible, are comprehensive.
Minimal Face to Face Hearings
The guidelines determine that unless there is a genuine urgent need, there will be no hearings held at which people need to be present.
As such, face to face arrangements will only be made if it’s impossible to conduct a hearing remotely.
Remote Lines of Communication
Flexibility is the order of the day.
Therefore, all proposals in how best to hold hearings include many various digital methods of communication. For example, hearings can be dealt with via email exchange or the court’s video-link system.
Equally, Zoom, FaceTime, Skype and similar remote digital tools are all available lines of communication.
Additionally, wherever possible, the system allows for electronic signatures to be accepted.
Best Interest of the Vulnerable
The importance placed on the protection of vulnerable individuals post lockdown will remain as it was during the pandemic and equally, beforehand.
By introducing remote lines of communication and adapting to the pandemic restrictions, the Court of Protection has pivoted in the ways in which it works.
Consequently, deputies are working with the Court to continue to protect those under their protection.
Furthermore, working with families, healthcare professionals and care homes may be different from pre-Covid times but the remit remains the same. For example, making a decision on whether or not someone should have a Covid vaccination is made with their best interests in mind.
Equally, working with care homes to reintroduce visitors for the benefit of the vulnerable is absolutely key.
To learn more, get in touch with us today.In the meantime, please check our court of protection services.
Covid-19 Consent under the Care of Court of Protection
Tags – Covid 19 Consent
Covid 19 has had a massive effect on all areas of life and every individual too, including those under the care of the Court of Protection.
Mental Capacity Act
Under the Mental Capacity Act 2005, those protected are people who have been deemed by the Court of Protection as needing a third party, known as a deputy, to make decisions on their behalf.
However, it is stipulated that this only applies to decisions that the individual does not have the mental capacity to make for themselves.
Whilst they should be consulted, any decision required must be carefully considered and made in the very best interests of the person protected.
Covid Impact
So, how does this translate to Covid testing and vaccination?
As with other Court of Protection decisions, there is no catch-all process as any decisions made must be tailored to the individual. For example, in terms of Covid 19 testing, there are multiple factors to take into account.
Testing
If someone protected by the Court lives in a care home, it might be policy to carry out testing.
A best-interest decision as to whether an individual should consent to testing would need to consider various points. For instance, just because testing might be in the best interests of society and the care home, it might not be right for the individual concerned.
Under the Court of Protection rules, the decision must be solely focused on what’s best for those protected.
As such, a deputy might want to consider the current wishes, past experience, beliefs and values of the person involved.
Similarly, any signs of symptoms should also be countered.
Vaccination
Like decisions made about Covid-19 testing, a decision whether or not an individual should be vaccinated should be taken carefully.
Discussions with an individual clearly setting out information is crucial and it’s important to allow them the opportunity to say how they feel.
As such, it’s useful to pick a time in the day when their mental capacity is at its best.
Any opinions and feelings they convey then need to be considered alongside the risks and benefits involved.
However, incorporating previous thoughts about vaccination and beliefs is also important.
Previous relationships with health professionals such as their GP might also be factored in. For instance, someone who had always put their trust in their GP would most likely opt for the vaccination should they have the mental capacity to decide.
Equally, if the care home’s policy was to allow visitors only if residents were vaccinated, that could certainly be considered in their best interests, moving forward.
To learn more, get in touch with us today. In the meantime, please check our court of protection services.
How Dementia Causes Mental Incapacity and Affects Life Quality
Tags – Mental Incapacity through Dementia
None of us can probably imagine how upsetting a diagnosis of dementia would be for any member of our family.
However, exactly how this cruel disease manifests itself can vary, as can how much it can affect the mental capacity of the individual concerned.
Whilst the symptoms of dementia include memory loss, confusion and mood changes, a person with dementia is said to lack mental capacity if unable to make specific decisions at any given time, for themselves.
As someone with dementia declines, they can become more and more unpredictable and less and less able to consider all the facts involved, before making decisions.
The Mental Capacity Act
However, in England and Wales, the Mental Capacity Act of 2005 protects those who are affected.
This important piece of legislation supports those who lack the mental capacity to make decisions for themselves.
Equally, it goes further and outlines who can – and should – make decisions on their behalf.
As such, the Mental Capacity Act sets out certain rules such as any decision must be made in the best interests of the person who lacks capacity.
Furthermore, for any decision made on their behalf to stand, it has to be proven that the person involved is genuinely incapable of making their own decision.
Protection
The Mental Capacity Act protects the rights of those mentally incapacitated and covers decision-making with regard to someone’s health and social care.
Additionally, it covers decisions regarding their financial and property affairs too.
However, this legislation has no involvement with will-making or voting.
Nor does it cover decisions with regard to marriage or divorce.
Alongside protecting the rights of those incapacitated, the purpose of this Act is to offer help to others involved too. For example, relatives, carers and professionals are offered help in planning for the future.
Dementia
Whilst injury, disability and mental illness are conditions that can also give rise to mental incapacity, those suffering with dementia are sometimes more difficult to pinpoint.
The onset of dementia can sometimes be missed as the elderly, most often affected, sometimes live alone or decline slowly.
Symptoms, too, can be confused with those of aging, often delaying a diagnosis.
Changing Mental Capacity
The mental capacity of someone diagnosed with dementia can change over time.
For instance, there will be some days when they are lucid and thinking much more clearly than others.
Equally, even the time of day can vary their clarity.
Furthermore, it should be kept in mind that some decisions rely on less information than others.
As such, an individual who suffers with dementia may well be able to make some decisions on day to day matters or those which require less consideration.
Therefore, mental incapacity may not be the case all of the time.
To learn more, get in touch with us today.
In the meantime, please check our Court of Protection services.