Articles for category: Rights

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 ...

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 ...

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 ...

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 ...