HEALTH - Medical Law and Entitlement to Treatment

The Human Rights Act 1998 brings The European Convention on Human Rights into the law of England and Wales. The Convention has wide application, including in the field of medical treatment.

The Convention Rights include:

Article 2 – protects the right to life and may be relevant where treatment is refused or where withdrawal of treatment or feeding is advised.

Article 3 – prohibits, among other things degrading treatment which might include experimental treatment without proper consent, or a failure to provide proper treatment to people in detention or institutional care.

Article 8 - requires that private and family life are respected. This includes a right to respect for bodily integrity and has been held to be relevant to delays in treating a patient. The Article is also relevant to the privacy of medical records and possibly to the right of a patient to receive information about his or her condition.

Article 14 - prohibits discrimination and would be relevant in any case in which treatment was refused on grounds of age or disability.

If a patient is denied access to treatment, a legal challenge may be possible. This is a complex field of law involving issues of fundamental importance for patients and their families. We can advise on the patient’s rights and on the options for legal action, and we can conduct such action if appropriate.