Articles for tag: capacity, caselaw, complexity, consent, legal, MCA, MHA

Intersection of Mental Health Act and Capacity Legislation

The case of Tees Esk and Wear Valleys NHS Trust v KAG [2024] EWCOP 38 (T3) and others offers a compelling illustration of the complexities that can arise at the intersection of mental health law and capacity law in the context of medical treatment decisions. This case involved the proposed insertion of a percutaneous endoscopic gastrostomy (PEG) for a patient, KAG, suffering from severe depression and refusing to eat. The NHS Trusts, seeking to provide this treatment, aimed to detain ...

Forensic psychiatry and other areas of medical practice

Comparing forensic psychiatry with other areas of medical practice may seem a strange thing to do. This article is stimulated by reflection upon the author’s appraisals by the following appraisers: breast surgeon, haematologist, psychiatrists, anaesthetist. The appraisals have all been of good quality. The author of this post has been trained as appraiser as well. Non-psychiatrist appraisers at times seemed to struggle with understanding the nature of psychiatry and the overall chaos involved in psychiatric work. It became apparent that ...

Systems thinking and wicked problems

Systems thinking is a holistic approach to understanding and addressing complex problems by focusing on the interconnectedness and interdependencies of the various components within a system. It shifts the focus from isolated parts to the relationships and interactions between them, recognising that the behaviour of a system is often more than the sum of its parts. This perspective emphasises the importance of understanding feedback loops, delays, and unintended consequences, enabling individuals and organisations to anticipate and manage the dynamics of ...

Low resolution thinking

Low resolution thinking (LRT) is a cognitive mode that oversimplifies complex issues, reducing them to binary, black-and-white terms. It is a way of thinking that fails to appreciate the subtleties and shades of grey that characterise most real-world situations. When engaged in LRT, individuals tend to ignore important complexities and context, instead focusing on a single, salient aspect of a problem or situation. This oversimplification can lead to biased, suboptimal decisions and judgments, as it fails to account for the ...

Fundamentals of psychiatric diagnosis

Back in the 1990s, diagnostic criteria existed for sure. We had ICD-9 as our main diagnostic manual. My recollections from around that time was that the criteria were hardly ever referenced. How it worked was, the consultant psychiatrist would declare diagnosis or differential diagnoses without actually stating which criteria were met from available evidence. As a junior trainee, I had no say in the matter. In one adolescent psychiatry service around 1993, the consultant psychiatrist and a consultant psychologist stated, ...