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Medical Treatment Disputes

Court of Protection

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If a dispute arises over medical treatment for you or a loved one, Cartwright King’s Court of Protection Solicitors offer reliable legal advice to ensure that your best interests are protected. Benefit from the experience of our specialist solicitors who deal with medical treatment dispute cases on a daily basis.

For compassionate, confidential advice get in touch with Cartwright King now.

How Cartwright King’s Court of Protection Solicitors Can Help

We understand that being a patient, or looking out for a loved one who is a patient, can be stressful, especially if disputes arise over care and treatment. This is known as a Medical Treatment Dispute.

If a person lacks the mental capacity to make decisions about what care and treatment they receive, then the professionals involved in their care may need to make a decision about what course of action is in that person’s best interests.

You may be involved in a disagreement about whether the care and treatment proposed for a loved one is in their best interests.

Cartwright King’s solicitors are committed to achieving an outcome that’s right for the person involved and can advise you on your legal rights and ease the stress you’re under Our specialist Court of Protection Solicitors can help with:

  • Refusal of funding for medical treatments
  • Drugs or medical treatment refusal
  • End of life care and disagreements over the withdrawal of life sustaining treatment
  • Other care and treatment disputes

Benefit From a Free, Initial Telephone Conversation

If you are a family member or a friend of someone who lacks the mental capacity to make decisions about the care and treatment they receive, Cartwright King can represent you. Whether you disagree with a professional’s decision or a decision made by your family member or friend, we can help.

It’s always best to get legal advice in these circumstances so that you understand what action can be taken and what the process involves.

Having experienced legal representation on your side makes all the difference to the outcome because you’re better prepared, the legalities are clearly explained to you, and you have a strategy to help you move forward.

That’s why Cartwright King offers a free, initial telephone conversation. There’s no substitute for speaking to one of our specialist Court of Protection Solicitors, which gives you the opportunity to explain your situation and establish how we can best support you.

For immediate action, contact us for your free* initial discussion. 

The discussion is completely informal and confidential, and is an opportunity for us to:

  • Get to know you 
  • Understand your situation
  • Agree how you want to proceed

*Please be aware that this is a ‘get to know you’ call and no advice will be given.

Why Choose Cartwright King For Medical Treatment Disputes?

If you are a family member or friend challenging a decision made by a professional or the person who lacks capacity it must be handled sensitively to ensure that the best interests of an individual are protected.

After all, it’s their health and wellbeing at stake. That’s why we listen, we understand and we care about a person’s legal rights, acting to ensure that decisions made over their medical treatment and care are right for them.

Cartwright King works very closely with medical professionals and specialist barristers, which positions us to give you reliable advice when you need it most. Working with a specialist Cartwright King solicitor gives you the assurance of having access to legal counsel who will advise you at every stage of the case.

Our Court of Protection Solicitors are committed to ensuring that an individual is treated fairly, with respect and with dignity, and we will do everything we can to protect their interests.

Legal Fees

Legal Aid may be available to cover the costs of legal representation in the Court of Protection. This means that the legal costs for the person benefitting from the legal representation could be wholly or partially paid from the Legal Aid Agency. 

Cartwright King will always advise you on whether means-tested Legal Aid is available to you. However, if you’re ineligible for Legal Aid, Cartwright King will discuss private fee paying options and payment plans with you. The priority is ensuring that you have access to the highest standard of legal representation.

We're here for you.

Frequently asked questions.

Someone may be assessed as lacking the mental capacity to make decisions about the medical care or treatment they receive. In these situations, the professionals involved in a person’s care must make a decision about the care and treatment based on what is in that person’s best interests. 

To establish what is in a person’s best interests, professionals will consult with family members and loved ones. Sadly disagreements can arise about whether the provision of, continuation of or withdrawal of medical treatment is in a person’s best interests.

If there is a disagreement about what care or treatment is in a person’s best interests, then an application should be made to the Court of Protection to settle the dispute.

Absolutely. If there’s a dispute over the medical care or treatment of a loved one, you can open a case with Cartwright King. The majority of medical dispute cases we work on are dealt with through the Court of Protection.

If you’re loved one lacks the mental capacity to make a decision for themselves, we can help you make an application to the Court of Protection to be appointed as a ‘deputy’, which will legally allow you to make decisions on behalf of your loved one.

The Court of Protection is a special court that assesses cases involving people who lack the capacity to make decisions for themselves. Cases are referred to the Court of Protection when serious decisions need to be made concerning their care, medical treatment, finances or welfare.

A litigation friend may be appointed by the Court to represent a person who lacks the mental capacity to be personally involved in Court of Protection proceedings. A litigation friend must ‘direct proceedings’ on behalf of the other person and this will often involve instructing the person’s solicitor. Acting as a litigation friend means continually consulting with the person to find out their wishes and feelings so that decisions can be made in their best interests. 

A litigation friend can be a family member, friend, professional advocate (such as an independent mental capacity advocate or relevant person’s representative) or in the last resort the Official Solicitor.

The Official Solicitor can act as litigation friend and represent people in the Court of Protection when they are unable to represent themselves. The Official Solicitor will only be appointed as litigation friend if no other suitable person is able to act.