Tag: Discrimination

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)

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

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

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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

Freedom of Information Act risks – flawed clinical judgement, discrimination and education refusal

Post date 23 July 2021
Categories In Compliance

The Freedom of Information Act 2000 affords patients, litigants and the scientific community several routes to highlight policy, reveal shortcomings and to enforce lawful clinical and administrative decision-making. It must be noted that the low and/or prejudicial standards of communication and record keeping that are often normalised in this professional field (link) can be revealed…Continue readingFreedom of Information Act risks – flawed clinical judgement, discrimination and education refusal

Compliance

Obligation to procure ME/CFS medical education

Post date 23 July 2021
Categories In Compliance

Educational materials defined by legally demonstrable scientific consensus are of material legal consequence versus liability for clinical outcomes, breaches of duty of care and relevant statutory and policy discrimination frameworks discussed in this document. This lack of medical education is documented empirically, by the UK National Institute of Health and Clinical Excellence and addressed by…Continue readingObligation to procure ME/CFS medical education

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

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

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

Compromised indemnification, insurance cover nullification and liability for lost income

Post date 23 July 2021
Categories In Compliance

It is of acute risk management importance to note that any officialised obfuscation or encouragement of unlawful outcomes is not accompanied by implicit indemnification for discrimination, breaches of duties of care or other improper acts. This is in addition to reputational risk and accompanying freedom of information risk. Moreoever, lack/incompleteness of central NHS indemnification in…Continue readingCompromised indemnification, insurance cover nullification and liability for lost income