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2021 Compliance News NICE 2021 Policy Positions Press Releases

Public Letter to DHSC, MHRA, HoC, NICE: Call for a ‘Medical Regulatory Agency’

A call for change in the face of long-standing regulatory failure The following public communication from our Governance Board regards the opportunity for a new “Medical Regulatory Agency”, ready for the post-brexit and the machine learning digital eras.  The letter also contains background pertaining to long-standing regulatory failure, unlawful medical norms, contra-scientific medical belief systems and…Continue readingPublic Letter to DHSC, MHRA, HoC, NICE: Call for a ‘Medical Regulatory Agency’

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Research Commentaries

Rethinking Care for ME/CFS Patients

Rethinking the Standard of Care for Myalgic Encephalomyelitis/Chronic Fatigue Syndrome This recent report by Friedberg et al. critically examines research claiming that Cognitive Behavioural Therapy (CBT) and Graded Exercise Therapy (GET) are effective and safe treatments for ME/CFS. Analysis reveals unsubstantiated claims of recovery in non-blinded trials, which relied on subjective outcome measures, overly broad…Continue readingRethinking Care for ME/CFS Patients

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Research Commentaries

Monitoring Treatment Harm in the NHS

Monitoring treatment harm in Myalgic Encephalomyelitis / Chronic Fatigue Syndrome: A freedom-of-information study of National Health Service specialist centres in England Doctors with M.E. Honorary Fellows, Professor Brian Hughes and Tom Kindlon co-author important research investigating the reporting of treatment-related harm in ME/CFS following the use of graded exercise therapy (GET) and Cognitive Behavioural Therapy…Continue readingMonitoring Treatment Harm in the NHS

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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

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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)

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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

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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)

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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

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Compliance

Compliance, medico-legal considerations and enforceable obligations

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)

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)