Articles for category: Law

Bolam Test: Historical Context and Evolution

The Bolam test originates from the UK case Bolam v. Friern Hospital Management Committee [1957] 1 WLR 582. This legal precedent was set in a negligence case involving medical treatment, establishing a principle that would profoundly influence the standard of care in medical negligence cases not only in the UK but also in various jurisdictions around the world. The principle is rooted in determining whether a healthcare professional has acted in accordance with a practice accepted as proper by a ...

When political leaders fall ill 

The issue has surfaced – it is in the public domain – about concerns for the mental health of a US President. Doctors in the UK are not allowed to diagnose or speculate on diagnosis about any living person in the absence of therapeutic contract, clinical request for professional opinion, or other legitimate involvement (e.g. via the courts). There have been instances where political leaders’ physical or mental health has been a subject of public concern, raising questions about their ...

Understanding Your Rights: What Doctors Need to Know About the NHS Complaints Processes

Complaints – the very word can strike a chord in many of us, especially doctors working within the NHS, a system deeply rooted in service to the public. We understand that patients or their loved ones expressing dissatisfaction are ultimately highlighting opportunities for improvement. It is crucial that these concerns are met with a robust complaints process, ensuring a just and thorough examination of issues raised. Yet, balance is equally essential – the rights of those responding to a complaint ...

Hybristophilia: Understanding Attraction to Prisoners – Beyond the Sexual Realm

Hybristophilia is a phenomenon, where individuals, often women, develop strong affectionate or romantic feelings towards individuals incarcerated for serious crimes. It is a complex and multifaceted psychological condition that has garnered interest within both psychiatric and criminological domains. The concept of hybristophilia, initially defined by Dr John Money in 1986, began as a term encapsulating a sexual attraction towards individuals who have committed serious crimes. It is essential to note that the understanding of hybristophilia has evolved and can vary. ...

Valdo Calocane: did he get away with murder?

The recent events on the sentencing of Valdo Calocane have led to public outcries. Mr Coates’ son James (a victim) said that Calocane had “made a mockery of the system“, adding that “he has got away with murder“. I have no relationship to the victims, their families, Calocane or the legal proceedings. This exploration will go into the events, construct a timeline (that may be updated) and look into the medicolegal issues. The details on the partial defence of diminished ...

Insanity and diminished responsibility

This article is an exploration of two legal defences to unlawful homicide. The materials here are for educational purposes and subject to our disclaimer. The word ‘insanity’ is obviously related to ‘insane’. In the UK people are not ‘certified as insane’, contrary to popular social media belief – driven by movies. If you wish to learn more this will be a substantial read and study. I will go into legal history, the law and how it connects to cases in ...

Asylums

“Asylums: Essays on the Social Situation of Mental Patients and Other Inmates,” written by sociologist Erving Goffman and published in 1961, is a seminal work in the field of sociology and particularly in the study of social institutions and mental health care. The book offers a profound analysis of life in “total institutions,” particularly focusing on psychiatric hospitals. The work has had a significant impact on the field of psychiatry and the broader understanding of institutional settings such as extended ...

Materiality

The case of Montgomery v Lanarkshire Health Board [2015] UKSC 11 is a landmark decision in the UK law of medical negligence, specifically in relation to the duty of a doctor towards a patient in relation to advice about treatment. It fundamentally altered the legal approach to patient consent and disclosure of risks by healthcare professionals. Materiality explained The concept of materiality was brought to the forefront of UK medical law in Montgomery. The Supreme Court held that a risk ...

When the GMC comes for you

I can tell you from real professional experience across the last 15 years that: Caution: I said the above was my experience and I am being 100% honest in my estimates on that. I do not know if my estimates apply to a total population of all doctors in the UK. I read parts of three key guidance documents (of 34) almost every day over the last 8 months. Over the last 5 years on average I would have read ...

Dream or reality?

In this article I focus mainly on public sector health care consultations. It is an open ‘secret’ that UK public health services are: short of staff, doctors are overworked, many groups of staff are suffering with burnout, clinic sessions are quite time-limited, follow-up visits are few and far between, patients are often not given sufficient time and support to ask questions. Following a concentrated first consultation for between 45 to 60 minutes, it is difficult for patients to remember all ...