Categories
Compliance Education Learning Resources and CPD News Research Commentaries

Poor knowledge of ME/CFS among doctors puts patients at risk of harm

An Audit of UK Hospital Doctors’ Knowledge and Experience of Myalgic Encephalomyelitis Doctors with M.E. Founder and Director Dr. KN Hng, Director Dr. Keith Geraghty and Honorary Fellow Prof. Derek Pheby report their findings regarding ME/CFS knowledge and understanding amongst the medical community following an audit of hospital doctors at a training event in the…Continue readingPoor knowledge of ME/CFS among doctors puts patients at risk of harm

Categories
2021 Compliance News NICE 2021 Opinion Policy Positions Press Releases

The NICE debacle – will NICE survive?

The current NICE debacle and extraordinary deviation from normal procedure and published protocol is further evidence of institutionalised discrimination by large sections of the UK medical establishment.  That one professional and patient group should be treated in a manner at odds with clear and growing scientific knowledge would be unacceptable in any other disease.  Yet…Continue readingThe NICE debacle – will NICE survive?

Categories
Compliance

Obligation to not abuse power and authority

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

Categories
Compliance

Unlawful clinical judgement (flu and covid vaccination examples)

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)

Categories
Compliance

Tests of clinical judgement lawfulness

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

Categories
Compliance

Expertise procurement risk and reputational risk – medical and legal

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

Categories
Compliance

Jurisdictions and markets (UK and international)

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)

Categories
Compliance

Obligation to not negate ME/CFS legal status

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

Categories
Compliance

Tests of model-dictated eligibility lawfulness (QCovid score example)

Identically, models cannot excuse discrimination that is substantiated in law. The simple clinical judgement lawfulness tests above apply to the lawfulness of model driven decision-making. Replacing the word “clinician” with “model” in the tests arrives at identical conclusions: a priori assumption of ineligibility/insufficient eligibility of ME/CFS patient cohorts or individuals is unlawful. Identically, models cannot…Continue readingTests of model-dictated eligibility lawfulness (QCovid score example)

Categories
Compliance

Illusion of legal authority vs medical law enforcement

Risk management practice in the field ME/CFS and related post-viral disease commonly introduces unmanaged risks and liabilities, due to widespread normalisation of unlawful clinical judgement and prejudicially low standards. This inherently manifests as unlawful suspension of compliance and legal norms. This implies practical disregard for medical law’s status as a field of law, not medicine.…Continue readingIllusion of legal authority vs medical law enforcement