Articles for category: Law

A Medical Mutiny and a Penal Trap

Step onto the residential wings of any British prison today, and you will quickly encounter a distinct class of prisoner. These individuals are not pacing their cells counting down the months to a fixed release date. Instead, they are living in a state of suspended animation, trapped under the legacy of the Imprisonment for Public Protection (IPP) sentence. Officially abolished by Parliament in 2012, this modern penal disaster continues to distort the clinical and operational reality of the prison estate. ...

Different Devils, One Hand: The Genesis of Bad Law

In May 1991, a six-year-old girl was mauled in Bradford. Her name was Rukhsana Khan. The dog was a pit bull terrier. The injuries were terrible, and they were real. Within weeks, Parliament had a new law. The Dangerous Dogs Act 1991 passed at speed. It named breeds. It ordered destruction. It was meant to settle a fear that had gripped the country through that summer. Three decades on, it is taught to law students as a specimen. Not of ...

Consent after McCulloch: where clinical judgement meets patient choice

Why clinicians should care about this case? Many clinicians know that consent is important. Fewer appear to know how much the law of consent changed after Montgomery v Lanarkshire Health Board [2015] UKSC 11, or how the Supreme Court later refined that position in McCulloch v Forth Valley Health Board [2023] UKSC 26. That matters because consent is not just about obtaining agreement. It is about ensuring that the patient is given information that allows a real decision to be ...

Safe Prescribing Review: The Five Gates

This work contains a downloadable PDF document below. It is a working instrument, not a policy paper; a single-page crib sheet with explanatory guidance, for structured individual or team review of prescribing. Every gate serves one closing question — what justifies continuing the medication(s) for this person today? That question is the point of the whole exercise. In everyday practice, continuation is the default. Optimising, changing or stopping medications is what requires sound clinical and legal justification. Study of Good ...

The Five Pillars: How MIM and Paul Guarded the Floodgates

I. Introduction The Discomfort – There is something about the judgment in MIM v Sheffield Teaching Hospitals NHS Foundation Trust [UKSC 202] that troubles the ordinary sense of justice. A father, present throughout his wife’s labour, watches the monitors sound repeated alarms, hears staff express irritation, perceives the final half-hour as “panic stations”, and witnesses his son born in a poor condition requiring resuscitation. He develops an adjustment disorder—a recognised psychiatric illness. The hospital admits negligence. It admits that delivery ...

UK Doctors Convicted of Criminal Offences

This article is the result of intermittent work spanning two years. It tracks medical doctors in the UK (England, Wales, Scotland, and Northern Ireland) convicted of criminal offences over the last 30 years. It aims to fill the gap left by the absence of a consolidated public database for historical medical criminality. Compiling this list highlights a significant transparency gap in the UK medical regulatory landscape. While the General Medical Council (GMC) maintains a live register, it is primarily a ...

Goffman and the Quiet Logic of Total Institutions Today

A previously published vignette describes an ordinary sequence within a prison in England, centred on what was casually termed ‘feeding time’: prisoners were moved in batches to collect food trays, in a flow that is efficient, familiar, and unremarkable to those within it. Conversation and banter permeated the process. The significance does not lie in any single act, but in the regimentation itself — the sense of individuals moving as objects and referred to like animals. The moment of recognition ...

The Savile Scandal: A Forensic Map of Institutional Failure

Savile’s knighthood was the ultimate evidence of a national blindness. Jimmy Savile was not merely a television personality; he was a highly functional predator who turned his own psychopathology—a lethal cocktail of grandiosity, narcissistic entitlement and a chameleon-like ability to mimic authority—into a master key for manipulation of the British establishment. By positioning himself as the state’s indispensable ‘fixer’ and a prolific fundraiser, he successfully mesmerised swathes of people and institutions, buying a decades-long immunity that allowed him to colonise ...

Contractual Matters for Locums: Legal and Professional Frameworks

The locum “Assignment Schedule” is often treated by agencies and NHS HR departments as a trivial bit of admin—a template filled with blanks and vague placeholders. It is a lazy habit. For a consultant, an ambiguous contract threatens clinical safety and professional standing. The defence that “I am not a lawyer” is an admission of incompetence in a high-stakes environment. In specialist medical practice, fuzzy arrangements lead to systemic failures. When a contract fails to define start times, shift durations, ...

Mental State Examination – what’s that?

The mental state examination sits at the heart of psychiatric practice. It is both a clinical skill and a professional responsibility. Yet it remains one of the most poorly executed aspects of psychiatric assessment across all levels of experience. Persons in higher management would do well to study this article, to better understand the time involved in both carrying out a proper MSE and in proper documentation of it. In January 2012, I touched on Mental State Examination (MSE) rather ...