Articles for tag: duty, law, psychiatry, Rabone, risk, Savage, standards, Supreme Court, treatment

Article 2 in Psychiatry – Savage and beyond

The Right to Life, enshrined in Article 2 of the European Convention on Human Rights (ECHR), holds profound implications for the care and treatment of individuals within mental health services. Article 2 declares that “Everyone’s right to life shall be protected by law.” This publication explores the evolution of legal understanding concerning the positive obligations imposed on Nation States to safeguard the lives of those entrusted to their care. Savage v South Essex Partnership NHS Foundation Trust [2007] UKHL 37 ...

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 ...

Paragraph 98 and remote consultations

This blog has considered a number of issues relevant to prescribing of medications. Paragraph 98 in the 2022 version, is one of the most powerful. It is squarely designed to protect patients. The paragraph numbers may have changed in the 2024 version but the thrust of the guidance remains essentially the same. You are responsible for any prescription you sign, including repeat prescriptions for medicines initiated by colleagues, so you must make sure that any repeat prescription you sign is ...

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’ ...