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Healthcare

Clyde & Co's global healthcare group is recognised for its extensive industry knowledge, offering a range of legal services covering public and private sectors as well as inquests, advocacy, professional regulation, product liability and pharmaceuticals / life sciences.

A finger on the pulse of healthcare

Our lawyers provide advice to a wide range of healthcare clients including hospitals, care facilities, state health departments, insurers and operators, investors, professional registration boards, regulators, pharmaceutical companies and life sciences organisations.

This diverse client list enables us to understand variations in healthcare legislation, regulation and practice in different jurisdictions and markets.

We monitor trends and innovations and the drivers for government policy, always ensuring our knowledge is complete and up-to-date.

Our dedicated medical malpractice team specialises in providing advice on all types of health sector disputes including those arising from the treatment of patients. We can also provide timely and insightful advice on regulation, dispute resolution and arbitration, and employment issues.

We are also experienced in areas such as product liability, intellectual property rights, drug licensing, and cross-border transactions, especially in emerging markets.

Our global network of lawyers operates as one team across all legal disciplines, with particular expertise in the UK, Asia Pacific and the Middle East.

Clyde & Co has one of the most active healthcare practices in the Middle East, with significant capabilities covering a wide range of legal services. As one of the region’s few genuine complete service law firms, our combination of skills, expertise, experience and network of connections allow us to act as a ‘one-stop-shop’ for healthcare clients for all of their legal needs in the MEA region. Having been based in the United Arab Emirates for over 25 years, we are well versed in the nuances of local laws and regulations as well as the actual application,or non-application, of those laws and regulations by the authorities.

Our healthcare clients in the Middle East include private equity firms specialising in healthcare investments, hospital owners and operators, pharmaceutical companies, insurance companies, life sciences organisations, healthcare suppliers and distributors, health ministries, regulators and professional registration boards.

Our experienced Australian team advises both insurers and their insureds on issues that can impact both individual healthcare practitioners and medical establishments, such as medical malpractice, professional indemnity, professional liability, litigation & dispute resolution, public liability, product liability, cyber and data breaches, regulatory and investigations, employment and workplace relations.

In this way, we provide national and international clients with the detailed, tailored service they need. We are on hand, where and when required, to help them respond to challenges and make the most of opportunities.

Our Healthcare Work

  • Africa
  • Americas
  • Asia Pacific
  • Middle East
  • UK & Europe
  • Withdrawal of a Claim Brought Against a Paediatrician

    Securing the withdrawal of a claim brought against a paediatrician in 2005, after he had been sued by the parents of a child born with hypoxic ischaemic encephalopathy (HIE).

    In broad terms, the parents of the child alleged that although the child had suffered a primary brain injury as a...

    South Africa
  • International core brand anti-counterfeiting claim

    Successfully undertaking anti-counterfeiting work for a US drug company relating to one of its core brands in several Middle Eastern jurisdictions.  This included project managing the activities of client representatives from three continents, investigative teams from the UK and the Middle East...

    United States

    International distribution arrangements for US domiciled company

    Advising a US pharmaceutical company on the organisation, structure, documentation and compliance of its proposed distribution arrangements for a product across the Middle East

    United States

    Cardiac stent migration claims

    Securing a defence verdict and multiple summary judgments for a global leader in cardiology and endovascular devices in multiple "migration" of cardiac stent claims

    United States
  • Perth Children's Hospital construction disputes

    Acting for a global construction contractor on a number of multi-million dollar downstream disputes in relation to the Construction Contract Act 2004 (WA) with its subcontractors in respect to the Perth Children’s Hospital, including expert determination, acting in an arbitration and a number of...

    Australia

    Aged care cyber risk review

    Advising a large non-profit aged care organisation on a comprehensive cyber risk review encompassing over 1,200 individuals sites.

    Australia

    Coronial cases

    Acted in a number of coronial cases including delayed diagnosis for cardiac ischaemia, release of patient with history of psychiatric disorder resulting in a suicide; and death of patient from cardiac problems following surgery.

    Australia

    Defence of discrimination proceedings

    Acted for a hospital and its directors in the defence of discrimination proceedings which also allege breach of contract, brought by a senior doctor.

    Australia

    Delayed diagnosis

    Acted in relation to an emergency department delayed diagnosis and treatment of cerebral haemorrhage in 19 year old resulting in the patient becoming locked in and subsequently in an 80-90% vegetative state.

    Australia

    Recall of medical devices

    Acted in a coverage dispute in relation to the recall of medical devices that were the subject of a suspension directive issued by the Therapeutic Goods Administration.

    Australia

    International growth opportunities for UK based company

    Advising a UK-based healthcare insurance company on its proposed establishment of a representative office in China

    China

    Cardinal Health

    Acting in a CIETAC arbitration in Beijing in relation to a claim for breach of confidentiality arising from an alleged misuse of technology

    China

    Establishment of R&D centre in Shanghai for GlaxoSmithKline

    Advising on the structuring and establishment of GlaxoSmithKline’s R&D Centre in Shanghai, as well as on all employment issues and documentation, compliance and corporate governance issues, and employee inventor remuneration issues and implementation of a formal scheme

    China

    Pharmaceutical compliance

    Advising international pharmaceutical companies on their compliance with anti-monopoly and other People's Republic of China regulatory requirements related to recently acquired equity interests in healthcare companies located in mainland China

    China
  • Qatar Ministry of Public Health

    Advising Qatar Ministry of Public Health on the structure and implementation of the National Health Insurance Scheme for Qatar, including drafting enabling laws and regulations in Arabic.

    Qatar

    GCC government Social Health Insurance Project

    Advising the project team for in connection with its mandate to evaluate its health funding system and come up with proposals for reform and thereafter advising on the introduction of the Social Health Insurance Scheme, including drafting the requisite legislation and implementing regulations

    Saudi Arabia

    International insurer

    Acting for international insurer providing regulatory report in relation to insurance, brokering, TPA and reinsurance requirements in Saudi Arabia.

    Saudi Arabia

    Joint venture advice for UAE takaful operator

    Advising a leading UAE takaful operator on a joint venture for the establishment of a third party administrator for the provision of health insurance services

    United Arab Emirates

    Medical liability insurers

    Advising a hospital’s medical liability insurers, representing a consultant paediatric orthopaedic surgeon and a Dubai hospital in a claim for alleged negligence following surgery on a child’s arm

    United Arab Emirates

    AED 66 million acquisition of polyclinics

    Advising a UAE based healthcare provider on the acquisition of 3 polyclinics in Dubai and Sharjah for AED 66 million including franchising/branding arrangements

    United Arab Emirates

    Dubai Healthcare City

    Advising on the installation and integration of a health patient information system for its own and Dubai Healthcare City tenants’ use, in addition to its arrangements with Harvard Medical International Inc. at Healthcare City Teaching Hospital

    United Arab Emirates

    Abu Dhabi health authority terms of reference

    Advising on the terms of reference for Abu Dhabi Health Authority’s disciplinary committee for medical professionals which involved considering applicable federal and Abu Dhabi laws and regulations and examining best practice internationally

    United Arab Emirates

    GCC governments healthcare financing reforms

    Advising several GCC governments on the planning and implementation of healthcare financing reforms, including leading the drafting and implementation of regulations for the Abu Dhabi compulsory health insurance scheme

    United Arab Emirates

    Abu Dhabi and Al Ain Municipalities

    Advising in respect of international health and safety standards in other jurisdictions, preparing a gap analysis report against the legislation currently in place and drafting proposed health and safety legislation

    United Arab Emirates
  • Insurance coverage for PIP implants

    Representing a product liability insurer of a chain of private hospitals specialising in providing cosmetic surgery, including breast implants, in regards to claims from patients who had been given the French-made PIP implants. These implants received extensive media coverage when it was...

    France

    USD 105 million product disposal and acquisition for Almirall

    Acting on the USD 105 million disposal of eight non-core products to the Spanish company, Almirall, also on the EUR 50 million acquisition of a leading ADHD product

    Spain

    Breach of Contract in provision of health insurance

    Advising on claims by a pilot for breach of contract in relation to the provision of health insurance following the suspension of the pilot's licence on medical grounds.

    United Kingdom

    Development of satellite cancer wards for leading NHS Trust

    Representing The Royal Marsden NHS Foundation Trust in connection with its set up of chemotherapy treatment wards on a satellite basis with two other care hospitals around the South East including advising on the Estate Code matters for leasing and dealing with the setting up of the wards and...

    United Kingdom

    Implementation of the Independent Sector Treatment Centre programme

    Advising on the implementation and the effects of the Independent Sector Treatment Centre programme for the provision of routine NHS operations by private health bodies

    United Kingdom

    Leading US surgeon clinical negligence claim

    Acting in a complex, extremely high value and multi-jurisdictional matter in which a professional premiership footballer sued a world leading USA knee surgeon following reconstructive surgery to his knee

    United Kingdom

    Healthcare provider alleged systems failure claim

    Acting for a private company that owns and runs 7 GP practices in relation to alleged systems failures, in particular, allegations that its medical records system was not fit for purpose and as a consequence it led to independently employed nurses not being able to provide the appropriate level...

    United Kingdom

    Pfizer and Shire GBP 85 million product disposal

    Acting on the GBP 85 million disposal of a hormone replacement therapy product

    United Kingdom

    Celgene Inc GBP 61.75 million acquisition of Penn T Ltd

    Advising on its acquisition of Penn T Limited (Penn Pharmaceuticals Limited) from Gresham Trust for GBP 61.75 million

    United Kingdom

    Verona Pharma reverse takeover and share placement

    Advising on a reverse takeover and share placing on the London Stock Exchange

    United Kingdom

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Mark Attard
Mark Attard

Partner

Ross Barfoot
Ross Barfoot

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Duncan Batchelor
Duncan Batchelor

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Neil Beresford
Neil Beresford

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Jason Bleasdale
Jason Bleasdale

Partner

Joanna Bower
Joanna Bower

Partner

Gemma Brannigan
Gemma Brannigan

Partner

Isabel Burón
Isabel Burón

Partner

Thomas Choo
Thomas Choo

Partner

Wim Cilliers
Wim Cilliers

Partner

Amelia Costa
Amelia Costa

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