Mark Barnett

Health, advisory and litigation

Mark is a partner specialising in health and social care based in our Exeter office. He is an experienced litigator with a background in defending clinical negligence claims on behalf of the NHS, with a particular expertise in dealing with cases against mental health providers. This has included dealing with high profile and sensitive cases and advising on Human Rights Act allegations.

Mark represents NHS trusts at inquests and has appeared before numerous coroners. He regularly provides training on coronial law and has represented health and social care providers in court, undertaking his own advocacy including on Article 2 and Jury inquests. Acutely conscious of how much anxiety inquests can cause, Mark is committed to supporting clinicians through the process, at the same time as ensuring the client is able to demonstrate wider learning from an organisational perspective. In doing so, Mark recognises the role the Trust’s legal advisers can have in improving patient safety and regularly supports Trusts in wider learning and training which can arise from patient safety incidents.

Mark advises health and social care providers and commissioners on the Mental Capacity Act and the Deprivation of Liberty Safeguards, including taking medical treatment and welfare cases to the Court of Protection. Notable cases include advising a CCG where significant safeguarding issues arose in a package of care for a service user, advising an NHS Trust in a case where a patient was refusing an amputation for an infected foot ulcer and withdrawal / withholding treatment from a patient with a prolonged neurological condition.

Mark also advises on a wide range of other health law related issues, such as delayed transfers of care, duty of candour, confidentiality, safeguarding and consent to treatment. He is a regular first point of contact for many clients in the south west. Mark supports the health sector in diverse ways, having helped set up the MCA/DoLS forum, hosted in our Exeter office, as well as the MHA Forum, also run in our Exeter office. He presents at numerous seminars, networks and events on MCA / DoLS in the south west, as well as speaking at regional and national events. He also worked closely with an NHS Foundation Trust in the south west to set up and deliver a patient / family experience video to facilitate and widen learning and understanding of issues around the Mental Capacity Act.

Gresham's School; University of Birmingham (1996 BA (Hons) English and Philosophy 2(:1)); De Montford University (1997 CPE (Commendation), 1998 LPC (Distinction)).