Managing patient disputes: practical guidance for clinicians
Hempsons health and social care law podcast · Hempsons
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Show Notes
In this episode, Anita Rao and Flora Jago explore the complex and sensitive issue of managing disputes in patient care. Drawing on their extensive experience advising clinicians and NHS organisations, they break down why disagreements arise, how to identify the root of the issue, and the practical steps clinicians can take to resolve disputes early and safely.
The discussion covers the key legal frameworks for decision‑making across different patient groups, and highlights the common themes seen in paediatrics, end‑of‑life care, cases involving adults who lack capacity, and situations where patients with capacity make decisions that clinicians may find difficult or unexpected.
In this episode, Anita and Flora discuss:
• The two‑stage decision‑making process in England and Wales: clinical judgment and patient choice
• How consent works in practice, and why it must be a meaningful process rather than a signature
• Why disputes often arise: divergent expectations, clinical uncertainty, communication gaps, cultural and emotional factors
• The unique challenges in paediatric decision‑making, including parental responsibility and Gillick competence
• How best‑interest decisions are made for adults who lack capacity, and the role of LPAs and deputies
• The rights of adults with capacity to make decisions clinicians may consider unwise
• When and why the Court of Protection or High Court may become involved
• Practical steps to avoid escalation and support better communication
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