David Birch

Associate

David is an Associate in the Advisory and Inquest Team, advising on a wide range of issues including, mental capacity, consent, confidentiality, inquests, serious untoward incidents, CQC regulation, data protection, freedom of information and treatment under the Mental Health Act 1983.  David works with health and social care, charities and insurance clients.

David frequently represents organisations and their staff at inquests.  He has provided advice and support to professionals appearing before a variety of courts and tribunals, and he also has significant experience in relation to the conduct of independent inquiries, high profile inquests and criminal investigations.

David frequently assists clients in relation to the application of the Mental Capacity Act, including in proceedings in the Court of Protection and the High Court. 

David has a wide range of experience dealing with the regulation of healthcare, including providing assistance in relation to Care Quality Commission inspections. 

David regularly delivers presentations to our clients, recent topics include the Duty of Candour, the Mental Capacity Act, Deprivation of Liberty, and Inquests.   

Qualifications

  • BSc (Hons), University of Leeds, 2000
  • Graduate Diploma in Law, Leeds Beckett University, 2007

Notable Projects

  • Support to an acute general hospital in connection with an investigation into patient deaths and ultimately the conviction of a member of nursing staff for the murder of two patients and the poisoning of 20 others.
  • Advice to an NHS Trust regarding the discovery of a body in the mortuary, which it was thought had been buried 11 years earlier.
  • Assisting a private hospital in connection with the death of a restricted patient during physical restraint.
  • Support to NHS Trusts in relation to their investigations undertaken in connection with Operation Yewtree.
  • Assisting a mental health trust where a service user had killed his ex-partner and child before taking his own life, resulting in a five week inquest.
  • Assisting counsel to an independent inquiry - considering the care provided in a hospital at night, particularly in relation to the prescription and administration of opiate drugs by a Night Nurse Practitioner, which it was alleged led to the deaths of a number of patients.

Contact David Birch