Articles for author: TheEditor

Best interests and material risk

‘Best interests’ (BI) is a term used by average people who often make caring or ‘parental’ decisions about their children or loved ones. In medical practice the concept means a lot more, and its full meaning is wrapped in statute and common law precedent. This article will focus primarily on medically-related decision-making – and mainly about treatment. Introductory matters This article is at an intricate interface of law and medical practice, which is not easy for most people (based on ...

The Role of Freedom of Speech in Democratic Societies

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Placebo – simplified

This is about the nature of the placebo (and related) effects. I’m not giving a definition on this occasion. Readers can jump on the net and find whatever definitions they like. This is not an academic analysis. I’m sharing some experience and knowledge of the placebo effects. Some of these will have references to information on the net, and some will not. My mission is not primarily to ‘explain’ the placebo effect, though I may touch on some possible mechanisms. ...

What is consent?

This is an exploration of the concept of consent and its constituents. [This page is being updated continuously – last update: 2020-09-20.] While the publisher and author(s) have used their best efforts in preparing information at this website, they make no representation or warranties with respect to the accuracy, completeness or applicability of the contents of this presentation and specifically disclaim any implied warranties of merchantability or fitness for a particular purpose. Publications do not contain all information available on ...

Identifying and selecting the expert

If you developed a rare and complex medical condition, such as autoimmune myasthenia gravis, it would be important to find the right expert to treat that condition. Why? Because you’d want to be cured of the condition, or maximise your life-expectancy with a reasonable quality of life (if it is not curable). Most people with such a condition – I could imagine – won’t be seeking the advice of their local pharmacist, about what pill to take for the condition. ...

Prescribing and related regulatory matters

The GMC’s standards on prescribing were updated in March 2022 and again in December 2024. This publication will have less weight compared to the latest version. Applicability may have changed. Text quoted was accurate up to 2022. This article is intended to be of assistance: Unfortunately – doctors who say that ‘we are not lawyers’ – will on balance of probability be unaware of how the GMC ‘guidance’ becomes quasi-legislative and creates duties of care in law. The word ‘must’ ...

The importance of questions, inquiring and interviewing

Questions and questioning are obviously important in obtaining information from patients.  An interview may include responses to questions but it need not be just about questions. An assessor can obtain information from pure observation. However, to understand a patient’s internal state, or their motivations, or their risks in different domains, the assessor must ask or say something to evoke an response. I’ll focus on the word ‘ask’ in a while because questions are taken as ‘the thing’, in terms of ...

The nature of expertise

The use of ‘expertise’, is about extending your vision and appreciation of something that you do not normally know about. Let me start from the endpoint of expertise with an example. Put yourself in the following situation. After months of suffering with abdominal pain and gaining no lasting relief from using various home remedies, you finally decide that you’re going to see a doctor. What are you looking for when you see the doctor? I’d suggest the following: To be ...

Diminished responsibility–the new law

This is an exploration of how the latest amendment to the Homicide Act 1957 (by S52 of the Coroner’s Act 2009) will apply. It is a graphical representation, for ease of visualisation and understanding. Diminished Responsibilty – Homicide Act 1957 – As Amended by Coroner’s Act 2009 I note importantly that: 1. S2(1) – contains a number of clauses that work conjunctively. 2. S2(1A) underpins S2(1)b 3. S2(1)c in being underpinned by S2(1B), creates an exceedingly high bar by introducing ...

Mental health reporting

What is mental health reporting? Mental health reporting is the creation of Mental Health Reports that assists the interests of those who are associated with mental health matters. Most mental health reports are required for courts. Are all Mental Health Reports for courts? No. Many are for insurance purposes. Some are for employers. Some for disciplinary or regulatory bodies with statutory power e.g. the General Medical Council. What is a Mental Health Report? This is a report, normally constructed by ...