Tag: Clinical judgement

Knowledge-gap risk and audit trails (examples plus research-market inefficiencies)

Post date 23 July 2021
Categories In Compliance

Liability-generation from elevated probability of unlawful clinical and administrative judgement does not only stem from practitioners’ incorrect beliefs regarding disease aetiology (causes) and pathology (symptoms). Practitioners also generate further excess risk from their knowledge gap versus formal ME/CFS and related diagnostic criteria, which offer 1) rigour and ease of diagnosis and 2) risky diagnostic audit…Continue readingKnowledge-gap risk and audit trails (examples plus research-market inefficiencies)

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

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)

Compliance

Compliance, medico-legal considerations and enforceable obligations

Post date 23 July 2021
Categories In Compliance

Credit: Weiss Paarz Medical Malpractice Attorneys

Unmanaged post-viral disease liability, risk exposure and rising pandemic exposure (draft) Compliance obligations for professionals, operational and expertise risks in practice management, social care, occupational health intermediation, insurance underwriting, claims management and reinsurance Summary The role of habitualised unlawful clinical judgement and discrimination that leads to elevated probability of evidentiable malpractice is outlined. Obligations and…Continue readingCompliance, medico-legal considerations and enforceable obligations

Tags adolescents, BBC, BDD, BDS, biopsychosocial, BMJ, Bodily distress, Book, breaches, Care Quality Commission, CDC, CFS, Charles Shepherd, claims management, Clinical judgement, Compliance, compliance risk, Conversion Disorder, Covid, Covid-19, CPD, CQC, David Strain, David Tuller, Diagnosis, diagnosis rebranding, Discrimination, dysregulation model, Economics, education, Evidence, exercise, expert, expertise risk, flu, FND, FOIA, Free, Freedom of Information, Functional, Functional Disorder, General Medical Council, Genomic, GET, GMC, Guidelines, Harm, Harms, History, Ian Lipkin, Influenza, insurance, insurance underwriters, insurance underwriting, intermediaries, intermediation, Judgement, Karl Morten, Keith Geraghty, Law, Legal, Letter, Liabilities, Liability, Long Covid, Lucinda Bateman, Luis Nacul, Malpractice, ME, ME Association, ME/CFS, MEA, Medical Education, medical failure, medical norm, Medically Unexplained Symptoms, medico-legal, mitochondria, MUS, National Health Service, Neurology, News, NHS, Nina Muirhead, obligation, occupational health, operational risk, PACE trial, PAG, Pandemic, Pediatric, PENE, Persistent Physical Symptoms, PESE, Policy, Post Exertional Malaise, post-viral, practice management, Procurement, PSS, Psychology, psychosomatic, PTSD, Quality of Life, reinsurance, reinsurers, Reputational risk, Research, Risk, Risk management, science, Somatisation, Somatization, Standards, Stigma, Story, Students, StudyPRN, Testimony, Tom Kindlon, University, unlawfulness, vaccination, vaccine

Compliance

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

Post date 23 July 2021
Categories In Compliance

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)

Compliance

Illusion of legal authority vs medical law enforcement

Post date 23 July 2021
Categories In Compliance

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

News Patient Perspective Research Commentaries

Stigma and causal attribution – new research

Post date 9 July 2021
Categories In News, Patient Perspective, Research Commentaries

Causal attributions and perceived stigma for Myalgic Encephalomyelitis / Chronic Fatigue Syndrome Doctors with M.E. Honorary Fellow, Professor Leonard Jason, continues his scholarship in the field of ME with his coauthorship of a newly published paper examining the role of stigma and its impact on health-related and social outcomes. In addition to ME’s extremely low…Continue readingStigma and causal attribution – new research

News

Honorary Fellows and DwME leadership cited – medical profession moves towards belief and support

Post date 4 July 2021
Categories In News

Doctors with M.E. Honorary Fellows and Leadership were quoted extensively in a recent article article about post-viral disease by Christina Frangou. Published in the Guardian, the article has been well received by experts in the field and is entitled“‘I felt betrayed’: how Covid research could help patients living with chronic fatigue syndrome.“ Research into long Covid is…Continue readingHonorary Fellows and DwME leadership cited – medical profession moves towards belief and support

2021 News NICE 2021 Policy Positions Press Releases

Position Statement: 2021 NICE Guideline Update

Post date 2 July 2021
Categories In 2021, News, NICE 2021, Policy Positions, Press Releases

On the 10th of November 2020, the National Institute for Health and Care Excellence (NICE) published its draft updated guideline on the diagnosis and management of myalgic encephalomyelitis (or encephalopathy)/chronic fatigue syndrome (ME/CFS). NICE has updated its 2007 recommendations on the use of psycho-behavioural treatments for ME/CFS, concluding that Graded Exercise Therapy (GET) should no…Continue readingPosition Statement: 2021 NICE Guideline Update