Articles for category: Law

Accountable health services

All public health services are accountable in the UK. This post provides an in-depth exploration of patient rights and accountability within the National Health Service (NHS) in the UK, focusing mainly on services in England. It delves into the sources of legally protected rights for patients, the mechanisms for holding the NHS accountable, and the challenges in upholding standards. The article highlights the importance of patient involvement in healthcare and outlines various ways patients can become more involved. The role ...

Medication reviews

In the last 3 years I’ve received many requests for medication reviews. Interestingly most of those requests came from nurses; not pharmacists, not social workers and not other doctors. Underlying the requests were generally some concern that patients were not improving. Not a single request was about medication toxicity, or polypharmacy. Nurses tended to hint at the patient requiring higher doses or demand prescribing more medications. That body of experience led me to investigate the concept of medication reviews. All ...

Disorders of intellectual development

Preamble The important words here are ‘intellectual’ and ‘development’. Many ordinary people are aware of a concept of delayed or arrested cognitive development that is referred to as learning disability. This article will abbreviate ‘disorders of intellectual development‘ to DOID. This article is not about acquired intellectual disability but some of the issues may apply. There is a tendency in an increasingly ‘woke’ environment of media and social media, to refer to these things as ‘issues’ rather than ‘problems’. I ...

Understanding how risk works

To ordinary people risk is something felt and seen. If something is dangerous you expect normally to be aware of it, like the edge of a cliff or an open manhole on some pavement. This post should be read together with Risk – how is that to be managed? If a large dog is growling near your leg, you hear it, see it and if you wait too long you’ll feel it. Do you wait for your leg to be eaten ...

Risk – how is that to be managed?

Psychiatry is full of risks. Without delay here is a short incomplete list: The context of this post is about risks managed in mental health services. Some of the ideas here may inspire deeper thought in other circles. For a sound overview start with Risk Management @ Wikipedia. For quick preview scroll down now to the video (and rewind it if necessary). This article is original thinking based on experience and the background knowledge from other sources. Basic literacy on ...

Treatment – what it means

The purpose of detention in a hospital under the Mental Health Act 1983, is for treatment. That should not be surprising because that is what hospitals are for. But it is not that simple. Why? What’s being treated? What are the objectives? Mental disorder I start off from ‘mental disorder’ because absent the existence of a mental disorder, there is no point considering treatment. [For the avoidance of arbitrary inferences, the converse of any statement made in this post is ...

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 ...

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 ...

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’ ...

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 ...