Medical law and entitlement to treatment

The UK is a signatory to the European Convention on Human Rights, which includes significant rights relating to medical treatment. These 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 their condition.

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

We can advise in this complex field of law, which involves issues of fundamental importance for patients and their families.

If a patient is denied access to treatment, a legal challenge may be possible. We can advise on the patient’s rights and the options for legal action and can conduct such action if appropriate.

To find out more about our clinical negligence services, please contact us.