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Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.
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That isn't my area then.
I will opt out for others and ask customer services about your phone call.
Hi, this is Jim, thank you for the question - I will do my best to resolve this quickly for you. I cannot take a call but your call request is open to others who may still contact you to discuss by telephone. I will proceed to give you a written answer. Sorry to hear of the issue. I could understand your concern if the patient lacked mental capacity to make their own decisions. Everyone is presumed to retain mental capacity unless an expert can prove they don't, after an assessment. But as your Son is over 18 then he has a right to know a diagnosis and the NHS would not deny a patient the information if they were to ask whether their condition is genetic or otherwise. When someone reaches the age of 18 they become adults hence why the MD team are keen on telling the patient. If they didn't then they may sued for negligence.
You could make a complaint to the NHS Trust concerned to point out the potential consequences if your Son was to be told of his condition and if dissatisfied with the outcome of the NHS complaint you can then appeal to the Parliamentary Health & Social Care Ombudsman here: https://www.ombudsman.org.uk/making-complaint
With the NHS being a public body you could challenge the legality of their decision. There is a legal remedy available whereby you can issue "Judicial Review" proceedings which is where you involve the court, and a senior judge or panel of judges looks the legality of the NHS's decision. If the judge(s) find in your favour, they will make an order which is binding on the NHS.
The issue with judicial review is that the cases are quite complex, but as a result of that, a law firm can usually recover their legal costs from the NHS if they win the application. You should be able to have a no win no fee agreement with the law firm, to sue the council. Here are a few firms who specialise in this area :
I hope this helps and answers the question which is easy to understand - please feel free to ask me anything else. I will reply as soon as I can to help with any further queries.
Thanks for using our services and have a good day,Jim
My pleasure, thanks.
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