Human Rights in Healthcare

The guiding principle of the National Health Service is that it provides a comprehensive service based on clinical need, available to all irrespective of an individual’s ability to pay. Respect for human rights is at the heart of the constitution.

Increasingly healthcare services, such as care homes, are being outsourced to private companies, but where they are carrying out a public function, private companies must also protect the human rights of patients, families and their carers.

However, standards of care are not universally high and as hospitals and care homes come under pressure as a result of the austerity drive and increasing patient numbers, some are failing to provide an adequate level of care and treatment. It is often the most vulnerable in our society, particularly the elderly and disabled who suffer.

As one of the leading law firms in the UK for human rights challenges (Chambers 2017) we have an outstanding record of securing compensation, apologies, admissions of wrongdoing, as well as policy changes to protect you and others from further injustice in the future.

In a healthcare context, the Human Rights Act:

  • Requires that systems are set up to protect your life and requires that reasonable steps are taken to protect you from known risks to your life
  • Protects you from inhuman and degrading treatment
  • Protects your dignity and your right to a private and family life including the right to be involved in your treatment and to be treated with respect.
  • Protects you from discrimination in the provision of healthcare services

Where healthcare providers fall beneath these standards you may have a claim for compensation or there may be some other remedy like a legal challenge to overturn a decision. We have proven success in taking legal action against hospitals and care homes which have failed to uphold basic human rights.

If your relative has suffered abuse or neglect in a care home we will fight to secure justice for you. If you are a carer who is tired of being failed by your local authority, we can help you hold them to account. If you are being denied necessary medical treatment or are being prevented from having proper involvement in the care and treatment of a loved one then our sympathetic lawyers can help.

In the tragic case of a relative’s death resulting from failings by the healthcare providers that should have been protecting them, we can help establish that their right to life has been breached.

You may also have a claim for personal injury or medical negligence in which case, we work seamlessly with our claims lawyers in these departments to provide a comprehensive level of service for your case.

Hodge Jones & Allen is committed to holding healthcare providers to account where they have acted unlawfully and we have the expertise and tenacity to get the justice you deserve.

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