Articles for tag: compensation, death, GMC, harm, law, lawsuit, medical, negligence, psychiatry, risk, standards, stress, sue, tort, treatment

Negligence in UK Law – Part 1

Negligence, a cornerstone of tort law in civil law, holds significant implications for medical practitioners, and healthcare organisations, particularly in the UK’s complex healthcare landscape. The title of this article does not include the words “medical negligence” because in reality the foundation of negligence is not specific to ‘medical’, ‘dental’, ‘nursing’, ‘social work’, or other negligence. This review aims to provide a comprehensive overview of negligence as a legal concept, tailored specifically for medical doctors, with an emphasis on its ...

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 ...

Discounting the Future: How Treasury Decisions Impact NHS Clinical Negligence Payouts

Crown Indemnity was a historical arrangement in the United Kingdom’s National Health Service (NHS) where the government would cover the cost of clinical negligence claims against medical professionals working in NHS hospitals. This meant that doctors employed by the NHS in England did not need to purchase their own medical malpractice insurance, as the government would handle any claims made against them. Evolution However, in 1990, the NHS introduced the Clinical Negligence Scheme for Trusts (CNST). The CNST is a ...

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 ...

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 ...