Tag: unlawfulness

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Compliance

Obligation to recognise ME/CFS mobility limitations

Smear test exampleContinue readingObligation to recognise ME/CFS mobility limitations

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Compliance

Irrelevance of official edicts and officialised redistribution of liabilities to frontline balance sheets (vaccination and NICE guideline examples)

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)

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Compliance

Compliance, medico-legal considerations and enforceable obligations

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)

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)

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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

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Compliance

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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Compliance

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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Compliance

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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Compliance

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)