Mental Capacity in Clinical Negligence Claims

Introduction

This webinar aims to ensure you are equipped to recognise when capacity is, or may become, an issue for your clients, and what steps are required to protect both you and the client in that event.

As discussion around mental health becomes more open, we are recognising mental health difficulties where previously they may have been mis or undiagnosed. It is essential that clients are properly represented, and in some cases, that may mean by a friend or family member, or even a professional acting as Litigation Friend. How do you as a legal practitioner identify when someone needs assistance to run their claim, in a formal way?

Conversely, how do you deal with a scenario where capacity is being questioned by a family member or friend, but you are concerned about their motivation?

Depriving someone of capacity to litigate is a big decision, and it is vital that you get it right. This webinar aims to explain the legal position, practical considerations, and to provide working examples to assist with a broad range of scenarios.

What You Will Learn

This webinar will cover the following:

• The legal position in relation to capacity, with some caselaw examples
• Discussion around the many and varied ways in which this issue can affect your practice
• Practical advice on what to do in a range of scenarios
• What to do if you get it wrong - how to remedy

This pre-recorded webinar will be available to view from Wednesday 28th October 2026

Alternatively, you can gain access to this webinar and 2,400+ others via the MBL Webinar Subscription. Please email webinarsubscription@mblseminars.com for more details.