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...
Never Event data show the issues of poor NHS communication strategies in a tragic light. Many of these terrible events would not have happened had good communication strategies been in place. NHS...
‘Keep to all relevant laws about mental capacity that apply in the country in which you are practising, and make sure that the rights and best interests of those who lack capacity are still at the...
The Crime (Sentences) Act 1997 introduced hospital and limitation directions into the Mental Health Act 1983. Section 45A of the Mental Health Act 1983 allows the Crown Court to issue a hospital...
‘This unsustainable situation is driven by an outdated legal system rather than deteriorating clinical standards. Legal reform is desperately needed.’
When a person with a mental disorder is prosecuted it is open to them to argue that they are not guilty by reason of insanity. This legal defence is available at common law to any criminal charge. For...
According to NHS Resolution (2022a) missed fractures can occur at sites throughout the body but one injury in particular, hip fractures in older patients with a history of a fall, stood out when cases...
The law recognises that adults have a right to determine what will be done to their bodies (Re MB (Caesarean Section) [1997]). Touching a person without consent will amount to a civil trespass to the...
Nurses' exposure to multiple jeopardy is founded on the multifaceted nature of the duty they owe to their patients and the nature of their accountability. Accountability underpins the professionalism,...
‘Grant to any patient who is for the time being liable to be detained in a hospital under this Part of this Act leave to be absent from the hospital subject to such conditions (if any) as that...
People who feel that they may have been wronged by a particular NHS resource allocation decision can access the courts to try to resolve the dispute. There is a well-developed legal framework on NHS...
‘The consent of a patient shall not be required for any medical treatment given to him for the mental disorder from which he is suffering, [not being a form of treatment to which safeguards apply],...
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