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An LPA allows capable adults to nominate one or more people to act on their behalf if they are unable to make decisions themselves at some point in the future..
There has been little change to the death registration process for over 50...
Section 2(1) of the Mental Capacity Act 2005 provides that:.
Nurses and others are given general authority under section 5 of the Mental Capacity Act to act in relation to a person's care and treatment where:.
The call for Martha's Rule arose out of the tragic death of 13-year-old Martha Mills, who died from sepsis in 2021 at King's College Hospital, London. There was a failure to recognise that she...
In AM v South London & Maudsley NHS Foundation Trust and The Secretary of State for Health [2013], Justice Charles held that the Mental Capacity Act 2005 could be used to treat a physical condition...
A free revalidation portfolio and CPD resource for nurses and midwives.
‘… costs … have continued to grow at an eye-watering rate. Ten years ago, the NHS paid £900 million in damages; last year it was £2.17 billion – equivalent to the annual running costs of the biggest...
Nervous shock used to be the term used to describe psychiatric harm that arose as result of another's negligent action. It is now more accurate to refer to such harm as a psychiatric injury, but the...
‘Nursing, psychological intervention and specialist mental health habilitation, rehabilitation and care.’ .
‘If clinicians are going to recommend statins to their patients, then their duty of care must extend to ensuring that the nature of absolute risk and relative risk is explained’ .
‘Although Mr C's general capacity was impaired by schizophrenia, it had not been established that he does not sufficiently understand the nature, purpose and effects of the treatment he refuses....
Section 117 of the Mental Health Act 1983 gives people who have been detained for treatment under the Act the right to aftercare on discharge from hospital (R v Ealing District Health Authority Ex p...
In a clinical negligence case, for example, the court must carefully unpack and analyse the level of care given to determine whether there was any negligence. Lawyers discuss with clinical experts the...
‘A single comprehensive duty covering all the ways you are called on to exercise skill and judgement in improving the mental and physical condition of the patient.’ .
‘We contend that part of the ongoing muddle about safety cultures stems from this lack of focused attention on the nature and implications of justice in the field of patient safety.’ .
Both the Mental Health Act 1983 and the Mental Capacity Act 2005 have provisions for the authorisation of a deprivation of liberty that are compliant with Article 5 of the European Convention on Human...
This discussion raises the issue of what is primarily driving the development of an NHS patient safety culture and how these aims could be seen negatively by nurses, doctors and other stakeholders....
‘Clinical competence was substandard, with deficient skills and knowledge; working relationships were extremely poor, particularly between different staff groups, such as obstetricians,...
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Children are often subject to restrictions imposed by their parents or a person acting in loco parentis with such restrictions amounting to a deprivation of liberty.
To protect the dignity of patients by ensuring that restrictions imposed to protect that person and not overly intrusive, best interests assessors are commissioned to review the restrictions and...
‘All these symptoms, according to NICE guidelines, should have immediately raised a red flag for sepsis (blood poisoning) in children under five. In the hospital's own Serious Incident Report, a...
I see this happening in some debates about reforming clinical negligence litigation. We often hear clarion calls for clinical negligence reform and the need to safeguard scarce NHS resources, which is...
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