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Legal

Applying the appropriate treatment test in the Mental Health Act 1983

‘Nursing, psychological intervention and specialist mental health habilitation, rehabilitation and care.’ .

Statins: the risks and statistics

‘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’ .

Capacity, belief and impairment of the mind or brain

‘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....

Martha's Rule and NHS patient safety

One issue she discusses are the professional silos and hierarchies, for example:.

The provision of aftercare under the Mental Health Act 1983

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...

Determining what good looks like in patient safety

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...

The relationship between the professional practice standard and a nurse's advisory role

‘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.’ .

Patient redress in clinical negligence cases: an uneven playing field

‘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.’ .

Managing the interface between two Acts relevant to the deprivation of liberty

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...

Patient safety and the law: driving the development of a patient safety culture

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....

Just culture development and patient safety in the NHS

‘Clinical competence was substandard, with deficient skills and knowledge; working relationships were extremely poor, particularly between different staff groups, such as obstetricians,...

Deprivation of liberty and children with complex needs: a new specialist court

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.

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