Articles for tag: Bolam, Bolitho, capacity, case law, consent, Duce, law, materiality, McCulloch, Montgomery, professional, treatment

Consent after McCulloch: where clinical judgement meets patient choice

Why clinicians should care about this case? Many clinicians know that consent is important. Fewer appear to know how much the law of consent changed after Montgomery v Lanarkshire Health Board [2015] UKSC 11, or how the Supreme Court later refined that position in McCulloch v Forth Valley Health Board [2023] UKSC 26. That matters because consent is not just about obtaining agreement. It is about ensuring that the patient is given information that allows a real decision to be ...

Emotional Intelligence: Conceptual Frameworks, Applications, and Critical Perspectives

Emotional intelligence (EI), or emotional quotient (EQ), is a concept that has reshaped our understanding of what truly matters for success. While a high IQ was once considered the sole indicator of capability, modern research reveals that our ability to understand and manage emotions—both our own and those of others—is a foundational life skill. This article explores the academic underpinnings of emotional intelligence, exploring its history, different theoretical models, and its profound impact across personal and professional domains. Join in ...

The Expert Witness Instruction Process

This article follows from and should be read in conjunction with The Privileges, Roles, and Duties of an Expert Witness for UK Psychiatrists – Investigative Psychiatry The process of instructing an expert witness in a legal matter can be divided into two key stages: the initial approach and the formal instruction. Understanding the purpose and content of each stage is crucial for both the instructing party and the expert, ensuring clarity, legal compliance, and a smooth working relationship. Instructions are ...

The Privileges, Roles, and Duties of an Expert Witness for UK Psychiatrists

Part 1: Defining the Role in Legal Proceedings Introduction The role of the expert witness is frequently misunderstood. Contrary to certain portrayals in American media, which often depict expert witnesses as partisan advocates, expert witnesses within the UK legal system bear an overriding duty to the court itself. This fundamental distinction is crucial for a comprehensive understanding of the function and obligations of expert witnesses within the UK legal framework. Expert witnesses are individuals possessing specialised knowledge and expertise within ...