Tag: PESE

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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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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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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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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

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Third party risk to preceding unlawful clinical judgement (therapeutic and assessment examples)

The spectrum of behaviour discussed in this document frequently leads to hazardous distortions that compound risks from unlawful decision-making yet further. These distortions inherently project chains of risk to third parties, who are incentivised to firewall liabilities at the origin in your organisation. Distortions from unlawful decision-making project chains of risks to third parties, who…Continue readingThird party risk to preceding unlawful clinical judgement (therapeutic and assessment examples)

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Compliance

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

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

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Obligation to procure ME/CFS medical education

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

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

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)

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

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)

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Obligation to recognise ME/CFS patient housebound or carer status

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