Tag: law

 

Materiality

The case of Montgomery v Lanarkshire Health Board [2015] UKSC 11 is a landmark decision in the UK law of medical negligence, specifically in relation to the duty of a doctor towards a patient in relation to advice about treatment. It fundamentally altered the legal approach to patient consent and disclosure of risks by healthcare professionals. Materiality explained The concept of materiality was brought to the forefront of UK medical law in Montgomery. The Supreme Court held that a riskRead More …

Accountable health services

All public health services are accountable in the UK. This post provides an in-depth exploration of patient rights and accountability within the National Health Service (NHS) in the UK, focusing mainly on services in England. It delves into the sources of legally protected rights for patients, the mechanisms for holding the NHS accountable, and the challenges in upholding standards. The article highlights the importance of patient involvement in healthcare and outlines various ways patients can become more involved. The roleRead More …

Risk – how is that to be managed?

Psychiatry is full of risks. Without delay here is a short incomplete list: Risk to self Self-harm Suicide. Accidental injury or death. Self-neglect. Exploitation of various kinds. Risk to others Injury – from violence or aggression. Sex offences Homicide Fire and other property damage. Terrorism Risk to health Physical illness Mental health The context of this post is about risks managed in mental health services. Some of the ideas here may inspire deeper thought in other circles. For a soundRead More …

Treatment – what it means

The purpose of detention in a hospital under the Mental Health Act 1983, is for treatment. That should not be surprising because that is what hospitals are for. But it’s not that simple. Why? What’s being treated? What are the objectives? Mental disorder I start off from ‘mental disorder’ because absent the existence of a mental disorder, there is no point considering treatment. [For the avoidance of arbitrary inferences, the converse of any statement made in this post is notRead More …

What is consent?

This is an exploration of the concept of consent and its constituents. [This page is being updated continuously – last update: 2020-09-20. Disclaimers(click to view) apply to this publication.] Although ‘consent’ happens frequently in health and social services, a lot of people are not fully aware that it is primarily a legal issue.  Consent is a vast topic – often the focus of PhD theses and many a journal paper. This article cannot possibly touch on every aspect of consent.Read More …