Tag: BDD

Obligation to not abuse power and authority

Post date 28 July 2021
Categories In Compliance

It is common that patients with ME/CFS must repeatedly pursue enforcement action of their pre-existing rights under statutes, policy and common law. It also known that successful enforcement of pre-existing rights can be followed by retributory abuse of power and authority. It is known that flagrantly retributory liability generation can include punishing qualified professionals who…Continue readingObligation to not abuse power and authority

Compliance

Expertise procurement risk and reputational risk – medical and legal

Post date 23 July 2021
Categories In Compliance

Care should be taken to reassess existing expertise sources in the field of post-viral disease and to distinguish between 1) the marketability or familiarity of expertise versus 2) disproportionate risk of divergence from legally sustainable standards. It is rare for institutionalised medical norms to exclude scientific consensus to the degree witnessed in this field. This…Continue readingExpertise procurement risk and reputational risk – medical and legal

Tags BDD, BDS, Bodily distress, breaches, CBT, claims management, Clinical judgement, Compliance, compliance risk, Conversion Disorder, Coverage, Covid, Decision-making, Discrimination, education, Expert Risk, expertise risk, financial services, FND, Functional, Functional Disorder, GET, Graded Exercise, Guidelines, Influenza, insurance underwriting, intermediation, Judgement, Law, Liabilities, Liability, Long Covid, Malpractice, ME/CFS, medical failure, medical norm, Medically Unexplained Symptoms, medico-legal, MUS, NICE, obligation, occupational health, operational risk, PASC, PENE, Persistent Physical Symptoms, PESE, Policy, Post Covid, Post Exertional Malaise, practice management, Procurement, Procurement Risk, PSS, PTSD, reinsurance, Reputational risk, Research, Risk, social care, Somatisation, Somatization, Training, unlawfulness, vaccination, vaccine

Compliance

Jurisdictions and markets (UK and international)

Post date 23 July 2021
Categories In Compliance

Although the jurisdictional focus is the United Kingdom, direct equivalence can be found in other jurisdictions and markets. The policy, contractual and legal requirements on medical practice and indemnification provision follow a similar structure in most locales: neither official edict, professional body, private contract, the habitual nature of unlawful care nor eminently misinformed obfuscation can…Continue readingJurisdictions and markets (UK and international)

Compliance

Obligation to not negate ME/CFS legal status

Post date 23 July 2021
Categories In Compliance

The absolute clarity of the legal status of ME/CFS is of immediate risk management importance, due its statutory, policy and third-party contractual implications frequently being ignored. These stem from habitually unlawful clinical judgement and arbitrarily discriminative administrative treatment that fail to account for the clarity of classification and associated lawful obligations. The absolute clarity of…Continue readingObligation to not negate ME/CFS legal status

Compliance

Unlawful clinical judgement (flu and covid vaccination examples)

Post date 23 July 2021
Categories In Compliance

The law does not allow clinical judgement to be discriminatory or to breach duties of care – a normally uncontroversial statement with an unusual degree of unmanaged consequences for this field of disease. The law does not allow clinical judgement to be discriminatory or to breach duties of care – a normally uncontroversial statement with…Continue readingUnlawful clinical judgement (flu and covid vaccination examples)

Tags BDD, BDS, Bodily distress, Book, breaches, Care, Care Quality Commission, CBT, CFS, claims management, Clinical judgement, Compliance, compliance risk, Conversion Disorder, Course, Covid, CQC, Decision-making, Diagnosis, Discrimination, education, expertise risk, flu, FND, Functional, Functional Disorder, General Medical Council, GET, GMC, Graded Exercise, infection, Influenza, insurance underwriting, intermediation, join, Judgement, Law, Legal, Liabilities, Liability, Long Covid, ME, ME/CFS, medical failure, medical norm, Medically Unexplained Symptoms, medico-legal, MUS, NICE, obligation, occupational health, operational risk, PASC, PENE, Persistent Physical Symptoms, PESE, Policy, Post Covid, Post Exertional Malaise, practice management, PSS, PTSD, reinsurance, Research, Risk, social care, Somatisation, Somatization, Support, unlawfulness, vaccination, vaccine

Compliance

Tests of clinical judgement lawfulness

Post date 23 July 2021
Categories In Compliance

Informed by the scientific, statutory and policy contexts outlined above, the following simple tests of clinical judgement lawfulness further outline lawful policy implementation requirements, mitigating the elevated probability of normalised unlawful clinical judgement in this context. Contrary conclusions constitute unlawful discriminatory implementation of policy, an arbitrary evasion of clear wording, thus discriminating on the very…Continue readingTests of clinical judgement lawfulness

Compliance

Obligation to not mislead or evade diagnosis and to provide sufficient detail (FND, MUS, PPS, ‘dysregulation model’ and Long Covid examples)

Post date 23 July 2021
Categories In Compliance

Risk generation and unnecessary liability accumulation is commonly exacerbated by low and/or prejudicial standards of communication and/or record keeping in ME/CFS and other post-viral disease contexts. False record taking is commonly experienced in this field. Beyond the statutory contexts, the frequent frontline status quo regularly breaches a range of associated General Medical Council (GMC) and…Continue readingObligation to not mislead or evade diagnosis and to provide sufficient detail (FND, MUS, PPS, ‘dysregulation model’ and Long Covid examples)

Tags BDD, BDS, Bodily distress, breaches, Care, Care Quality Commission, CBT, claims management, Clinical judgement, Compliance, compliance risk, Conversion Disorder, Covid, CQC, diagnosis rebranding, Discrimination, dysregulation model, education, expertise risk, FND, Free, Freedom of Information, Functional, Functional Disorder, General Medical Council, GET, GMC, Graded Exercise, Harm, hydra diagnoses, Influenza, insurance underwriting, intermediation, Judgement, Law, Liability, Long Covid, ME/CFS, medical failure, medical norm, Medically Unexplained Symptoms, medico-legal, MUS, NICE, obligation, occupational health, operational risk, Pandemic, PASC, PENE, Persistent Physical Symptoms, PESE, Policy, Post Exertional Malaise, post-viral, PPS, practice management, PSS, PTSD, reinsurance, Risk, Risk management, social care, Somatisation, Somatization, Standards, unlawfulness, vaccination, vaccine

Compliance

Obligation to recognise ME/CFS patient housebound or carer status

Post date 23 July 2021
Categories In Compliance

House bound status Not accounting for the housebound or bed bound status of a patient when determining treatment or eligibility of a patient can add to or substantiate claims of liability, for resultant harm and financial loss, and/or for discrimination claims. It is extremely common that practitioners / their practices fall foul of these obligations,…Continue readingObligation to recognise ME/CFS patient housebound or carer status

Compliance

Obligation to recognise ME/CFS mobility limitations

Post date 23 July 2021
Categories In Compliance

Smear test exampleContinue readingObligation to recognise ME/CFS mobility limitations

Compliance

Irrelevance of official edicts and officialised redistribution of liabilities to frontline balance sheets (vaccination and NICE guideline examples)

Post date 23 July 2021
Categories In Compliance

Neither obfuscation, incorrect pronouncement nor under-informed lack of clarity from governmental, regulatory/self-regulatory or other authorities can change the law, terminal frontline legal requirements nor resultant liability profiles. All decision-making is unavoidably limited by requirements of law, with the elevated likelihood of unlawful decision-making in this field similarly prejudicing top-down communication. The structural difference is only…Continue readingIrrelevance of official edicts and officialised redistribution of liabilities to frontline balance sheets (vaccination and NICE guideline examples)