Articles for tag: diagnosis, GMC, law, legal, medication, psychiatry, regulation, regulatory, standards, treatment, wrapper

The Last Line of Defence: Prescribing in the Gap Between Clinical Practice and Regulatory Expectation

Prescribing and a prescription are not the same thing. The prescription is the visible endpoint. A signed line. A ledger entry. A medication authorised. Prescribing is everything that must happen before that endpoint can properly be reached. A diagnosis must be formulated against recognised criteria. Authoritative clinical guidelines must be considered. Capacity must be assessed. A consent dialogue must take place, meeting the Montgomery standard of material disclosure. If the medication is unlicensed for the condition being treated, that departure ...

Safe and Appropriate Prescribing: GMC expectations mapped

“Safe and appropriate” sits at the heart of the professional standards that govern prescribing in the UK. The General Medical Council (GMC) makes it clear that doctors must propose, prescribe, provide or manage medicines and devices only when it is safe and appropriate to do so (GMCRx – Prescribing Guidance – para 97). Nowhere in the GMC’s core guidance is there a single, self‑contained definition of either “safe” or “appropriate”. There is no further guidance on ‘how safe’ or ‘how ...

Why the Oliver McGowan Case Still Matters

On 11 November 2016, Thomas Oliver McGowan, an 18-year-old man with epilepsy, mild autism, a mild learning disability, and cerebral palsy, died at Southmead Hospital in Bristol. He had been admitted on 22 October 2016 with uncontrolled seizures. During that admission, he was sedated, intubated, and given olanzapine, an atypical antipsychotic, despite explicit warnings from his family and documented evidence of prior adverse reactions to antipsychotic medication. He developed neuroleptic malignant syndrome (NMS), suffered a catastrophic brain injury, and died. ...

The Southport Inquiry: Analysis (of Phase 1)

On 29 July 2024, Axel Rudakubana carried out a fatal knife attack at a Taylor Swift-themed dance and yoga class in Southport. Three young girls were murdered, and many other children and adults suffered grave physical and psychological harm. The event shocked the country not only because of its brutality, but because it involved a young perpetrator whose history, as later examined by the Inquiry, contained repeated signs of serious and escalating risk. The Southport Inquiry was established because the ...

Riding the AI Donkey straight to the Regulatory Gallows

1. Introduction: The False Promise of the “Auto-Expert” The current discourse around AI in professional services—especially in high-stakes fields like Law, Social Work, and Psychiatry (LSP)—suffers from a significant lack of depth. A common fallacy suggests that all AI tools are interchangeable, as if a budget transcription service is equivalent to a high-end analytical engine. This reliance on “brute force” automated assessment creates a situation where human clinical judgement is traded for machine-generated simulations of understanding. This exploration traces the ...

Reflective Notebook Entry: Moral Injury in the Architecture of Accountability

I have been thinking about documentation of capacity assessments in overview spanning the last 5 years – and how that connects to prescribing of medications. There can absolutely be no debate that capacity and consent are the bedrock of therapeutic relationships and prescribing practices. This exploration excludes considerations that fall under the Mental Health Act 1983 (to become the MHA 2025). But some of the basic issues will become relevant when prescribing under the MHA 1983. I focus almost exclusively ...

Psychiatric Diagnoses Without Evidence and Divorced from Medical Standards of Practice: Is that okay?

What This Article Is Actually About Prof Keith Rix, a forensic psychiatrist with fifty years’ experience, has collected the court judgments where these failures were exposed. His 2025 paper in BJPsych Advances shows what happens when diagnostic habits formed in clinics meet the scrutiny of a courtroom. The results are disturbing. And they affect everyone who has ever received a psychiatric diagnosis, instructed an expert, or sat on a tribunal. Consider the following: A man loses his compensation claim because an occupational ...

The Divination of Disorder: ‘Vibe-based’ Diagnosis of EUPD and Institutional Omerta in Modern Psychiatry

In the world of physical medicine, there is a concept known as “ground truth.” If a patient presents with chronic abdominal pain, a surgeon does not simply “divine” the presence of appendicitis based on the patient’s personality or the “vibe” of the consultation. There is a verifiable chain of evidence based on physical examination, blood markers, and imaging. If a surgeon operates on a healthy appendix because they “felt” it was diseased without proper diagnostics, they’re courting a malpractice claim. ...

The Digital Blind Spot and an Unmanageable Risk

The discourse surrounding internet access in secure hospitals is often framed as a simple balance between rehabilitative opportunity and potential risk. The benefits are self-evident and align with the core principles of recovery. They include maintaining family ties, managing personal affairs, and preparing for a digital society. This article, however, argues that this framing is now dangerously obsolete. The critical issue is no longer whether patients should have access to the internet. Instead, it is the stark reality that we ...

A Creature of Statute: The Legal Paradox of the Responsible Clinician

The role of the Responsible Clinician (RC) is unlike any other in medicine. It is a unique statutory *office, created by Parliament, with duties and powers that flow directly from the Mental Health Act 1983. [*office does not mean a room with desk and chair etc.] This reality places the RC in a legal position, separate from the normal contractual relationship with an employer. This article explores the independent nature of the RC role, the limits of managerial direction, and ...