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Dated October 2013. Response to the Committee's first report of session 2013-14 (HC 584, ISBN 9780215061485) which was a report on Cm. 8408 (2012, ISBN 9780101840828)
Book Synopsis Department of Health: Post-Legislative Scrutiny of the Mental Health Act 2007: Response to the report of the Health Committee of the House of Commons - Cm. 8735 by : Great Britain: Department of Health
Download or read book Department of Health: Post-Legislative Scrutiny of the Mental Health Act 2007: Response to the report of the Health Committee of the House of Commons - Cm. 8735 written by Great Britain: Department of Health and published by The Stationery Office. This book was released on 2013-10-25 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dated October 2013. Response to the Committee's first report of session 2013-14 (HC 584, ISBN 9780215061485) which was a report on Cm. 8408 (2012, ISBN 9780101840828)
According to the Health Committee, more needs to be done to protect the interests of patients who rely on mental health services. The Committee has undertaken a review of the 2007 Mental Health Act (ISBN 9780105412076). Many psychiatric wards are over capacity and there is huge pressure on beds, nevertheless, the Committee was shocked to learn that there is evidence that patients who need hospital treatment are being sectioned unnecessarily in order to access a bed. This represents a serious violation of patient's basic rights and it is never acceptable for patients to be subjected to compulsory detention unless it is clinically necessary. The 2007 Act contained important provisions which introduced Community Treatment Orders (CTOs). These orders allow for patients to be treated in the community whilst still being subject to recall to hospital if their condition deteriorates. The Committee is also concerned that pressure on hospital beds may be driving increased use of CTOs. MPs also examined the function of Independent Mental Health Advocates who help patients take advantage of their rights whilst in hospital. The Committee is in no doubt that a patient's primary advocate should be their clinician and independent advocates, ultimately, provide an important, but supplementary, service
Book Synopsis House of Commons - Health Committee: Post-Legislative Scrutiny of the Mental Health Act 2007 - HC 584 by : Great Britain: Parliament: House of Commons: Health Committee
Download or read book House of Commons - Health Committee: Post-Legislative Scrutiny of the Mental Health Act 2007 - HC 584 written by Great Britain: Parliament: House of Commons: Health Committee and published by The Stationery Office. This book was released on 2013-08-14 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt: According to the Health Committee, more needs to be done to protect the interests of patients who rely on mental health services. The Committee has undertaken a review of the 2007 Mental Health Act (ISBN 9780105412076). Many psychiatric wards are over capacity and there is huge pressure on beds, nevertheless, the Committee was shocked to learn that there is evidence that patients who need hospital treatment are being sectioned unnecessarily in order to access a bed. This represents a serious violation of patient's basic rights and it is never acceptable for patients to be subjected to compulsory detention unless it is clinically necessary. The 2007 Act contained important provisions which introduced Community Treatment Orders (CTOs). These orders allow for patients to be treated in the community whilst still being subject to recall to hospital if their condition deteriorates. The Committee is also concerned that pressure on hospital beds may be driving increased use of CTOs. MPs also examined the function of Independent Mental Health Advocates who help patients take advantage of their rights whilst in hospital. The Committee is in no doubt that a patient's primary advocate should be their clinician and independent advocates, ultimately, provide an important, but supplementary, service
In this Report, the Joint Committee on Human Rights considers: the draft Mental Capacity Act 2005 Code of Practice; draft guidance on Bournewood patients (people who lack capacity to consent to the arrangements made for their care, where those arrangements amount to a deprivation of liberty); and the Government's approach to the Council of Europe Recommendation (2004/10) on the protection of the human rights and dignity of persons with mental disorder. This paper builds on two previous reports published by the Committee on the Mental Health Bill during its passage through Parliament in 2006-07 ('Legislative Scrutiny: Seventh Progress Report (HL 112 / HC 555)', ISBN 9780104010754; and 'Legislative Scrutiny: Mental Health Bill (HL 40 / HC 288)', ISBN 9780104010136), both of which are available to purchase below.
Book Synopsis Scrutiny of Mental Health Legislation by : Great Britain. Parliament. Joint Committee on Human Rights
Download or read book Scrutiny of Mental Health Legislation written by Great Britain. Parliament. Joint Committee on Human Rights and published by The Stationery Office. This book was released on 2008 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this Report, the Joint Committee on Human Rights considers: the draft Mental Capacity Act 2005 Code of Practice; draft guidance on Bournewood patients (people who lack capacity to consent to the arrangements made for their care, where those arrangements amount to a deprivation of liberty); and the Government's approach to the Council of Europe Recommendation (2004/10) on the protection of the human rights and dignity of persons with mental disorder. This paper builds on two previous reports published by the Committee on the Mental Health Bill during its passage through Parliament in 2006-07 ('Legislative Scrutiny: Seventh Progress Report (HL 112 / HC 555)', ISBN 9780104010754; and 'Legislative Scrutiny: Mental Health Bill (HL 40 / HC 288)', ISBN 9780104010136), both of which are available to purchase below.
This new addition to Hart Publishing's Landmark Cases series brings together leading figures in the field to discuss a selection of the most significant cases in medical law. These are cases which either signpost a new development for medical law, illustrate an important development of the law, or signpost likely future developments of the law. The cases are explored in their social and historical context to understand better what has influenced the development of the law. This collection provides a fascinating insight in the interaction of medical law and broader social changes to our bodies, illness and medical professionals.
Book Synopsis Landmark Cases in Medical Law by : Jonathan Herring
Download or read book Landmark Cases in Medical Law written by Jonathan Herring and published by Bloomsbury Publishing. This book was released on 2015-08-27 with total page 489 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new addition to Hart Publishing's Landmark Cases series brings together leading figures in the field to discuss a selection of the most significant cases in medical law. These are cases which either signpost a new development for medical law, illustrate an important development of the law, or signpost likely future developments of the law. The cases are explored in their social and historical context to understand better what has influenced the development of the law. This collection provides a fascinating insight in the interaction of medical law and broader social changes to our bodies, illness and medical professionals.
The NHS needs to be an organization in which an open dialogue about care quality is part of the natural culture of the organization, not a duty which only arises in cases of service failure. Robert Francis made 290 recommendations in his report, but in truth they boil down to just one - that the culture of 'doing the system's business' is pervasive in parts of the NHS and has to change. Many who raise their concerns in the NHS at present risk serious consequences for their employment and professional status. But disciplinary procedures, professional conduct hearings and employment tribunals are not the proper place for honestly-held concerns about patient safety and care quality to be aired constructively. The NHS standard contract imposes a duty of candour on all NHS providers. This is an essential principle, but it is not adequately understood or applied. It should mean that all providers create a culture which is routinely open both with their patients and their commissioners. The same principle should apply to commissioners so that they are routinely open and accountable to local communities. The Health Committee recommended this approach in 2011 and repeats that now. It should be a prime role of the CQC to encourage the development of this culture within care providers, and of NHS England to develop the same culture within commissioners. The Health Committee will in future work closely with the Professional Standards Authority to develop the accountability process for professional regulators in healthcare
Book Synopsis House of Commons - Health Committee: After Francis: Making A Difference - HC 657 by : Great Britain: Parliament: House of Commons: Health Committee
Download or read book House of Commons - Health Committee: After Francis: Making A Difference - HC 657 written by Great Britain: Parliament: House of Commons: Health Committee and published by The Stationery Office. This book was released on 2013-09-18 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: The NHS needs to be an organization in which an open dialogue about care quality is part of the natural culture of the organization, not a duty which only arises in cases of service failure. Robert Francis made 290 recommendations in his report, but in truth they boil down to just one - that the culture of 'doing the system's business' is pervasive in parts of the NHS and has to change. Many who raise their concerns in the NHS at present risk serious consequences for their employment and professional status. But disciplinary procedures, professional conduct hearings and employment tribunals are not the proper place for honestly-held concerns about patient safety and care quality to be aired constructively. The NHS standard contract imposes a duty of candour on all NHS providers. This is an essential principle, but it is not adequately understood or applied. It should mean that all providers create a culture which is routinely open both with their patients and their commissioners. The same principle should apply to commissioners so that they are routinely open and accountable to local communities. The Health Committee recommended this approach in 2011 and repeats that now. It should be a prime role of the CQC to encourage the development of this culture within care providers, and of NHS England to develop the same culture within commissioners. The Health Committee will in future work closely with the Professional Standards Authority to develop the accountability process for professional regulators in healthcare
Embryo research, cloning, assisted conception, neonatal care, saviour siblings, organ transplants, drug trials - modern developments have transformed the field of medicine almost beyond recognition in recent decades and the law struggles to keep up. In this highly acclaimed and very accessible book, now in its sixth edition, Margaret Brazier and Emma Cave provide an incisive survey of the legal situation in areas as diverse as fertility treatment, patient consent, assisted dying, malpractice and medical privacy. The book has been fully revised and updated to cover the latest cases, from assisted dying to informed consent; legislative reform of the NHS, professional regulation and redress; European regulations on data protection and clinical trials; and legislation and policy reforms on organ donation, assisted conception and mental capacity. Essential reading for healthcare professionals, lecturers, medical and law students, this book is of relevance to all whose perusal of the daily news causes wonder, hope and consternation at the advances and limitations of medicine, patients and the law.
Book Synopsis Medicine, patients and the law by : Margaret Brazier
Download or read book Medicine, patients and the law written by Margaret Brazier and published by Manchester University Press. This book was released on 2016-10-07 with total page 678 pages. Available in PDF, EPUB and Kindle. Book excerpt: Embryo research, cloning, assisted conception, neonatal care, saviour siblings, organ transplants, drug trials - modern developments have transformed the field of medicine almost beyond recognition in recent decades and the law struggles to keep up. In this highly acclaimed and very accessible book, now in its sixth edition, Margaret Brazier and Emma Cave provide an incisive survey of the legal situation in areas as diverse as fertility treatment, patient consent, assisted dying, malpractice and medical privacy. The book has been fully revised and updated to cover the latest cases, from assisted dying to informed consent; legislative reform of the NHS, professional regulation and redress; European regulations on data protection and clinical trials; and legislation and policy reforms on organ donation, assisted conception and mental capacity. Essential reading for healthcare professionals, lecturers, medical and law students, this book is of relevance to all whose perusal of the daily news causes wonder, hope and consternation at the advances and limitations of medicine, patients and the law.
The Committee's report examines the provisions of the Mental Health Bill (HLB 1, session 2006-07; ISBN 9780108435461) in relation to nine main human rights compatibility issues, and considers two significant omissions from the Bill which could have enhanced the protection and promotion of human rights. Findings include there appears to be no Convention obstacle to changing the test for treatment without consent (from one where the decision-maker is required to have regard to the likelihood that the treatment will alleviate or prevent deterioration in the patient's condition to a new test that it is appropriate for the treatment to be given) as a condition of compulsory detention, although the Committee is mindful that the treatment available should be likely to be of therapeutic benefit to the patient. Concerns are raised that, while initial detention would still be based on objective medical expertise, renewal of detention would be authorised by a 'responsible clinician', who need not be a doctor, and that the decision would lack scrutiny by any higher authority other than the Mental Health Review Tribunal. Forcible feeding should be subject to the same safeguards as apply to other invasive forms of treatment. In relation to the treatment of mentally incapacitated patients, since the Bill's proposals to amend the Mental Capacity Act are detailed and complex, the Committee questions whether they will be readily understood by proprietors of residential care homes. Two key omissions from the Bill are also highlighted, relating to: i) provision for effective supervision and review of decisions to give treatment without consent for mental disorder to patients deprived of their liberty under mental capacity legislation, where the treatment involves psychotropic medication or other significant interferences with physical integrity; and ii) provision for sufficient safeguards to ensure that seclusion is used only when strictly necessary and that individuals subject to it should have access to review at intervals so that it is brought to an end when no longer necessary.
Book Synopsis Legislative Scrutiny by : Great Britain: Parliament: Joint Committee on Human Rights
Download or read book Legislative Scrutiny written by Great Britain: Parliament: Joint Committee on Human Rights and published by . This book was released on 2007-02-04 with total page 86 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Committee's report examines the provisions of the Mental Health Bill (HLB 1, session 2006-07; ISBN 9780108435461) in relation to nine main human rights compatibility issues, and considers two significant omissions from the Bill which could have enhanced the protection and promotion of human rights. Findings include there appears to be no Convention obstacle to changing the test for treatment without consent (from one where the decision-maker is required to have regard to the likelihood that the treatment will alleviate or prevent deterioration in the patient's condition to a new test that it is appropriate for the treatment to be given) as a condition of compulsory detention, although the Committee is mindful that the treatment available should be likely to be of therapeutic benefit to the patient. Concerns are raised that, while initial detention would still be based on objective medical expertise, renewal of detention would be authorised by a 'responsible clinician', who need not be a doctor, and that the decision would lack scrutiny by any higher authority other than the Mental Health Review Tribunal. Forcible feeding should be subject to the same safeguards as apply to other invasive forms of treatment. In relation to the treatment of mentally incapacitated patients, since the Bill's proposals to amend the Mental Capacity Act are detailed and complex, the Committee questions whether they will be readily understood by proprietors of residential care homes. Two key omissions from the Bill are also highlighted, relating to: i) provision for effective supervision and review of decisions to give treatment without consent for mental disorder to patients deprived of their liberty under mental capacity legislation, where the treatment involves psychotropic medication or other significant interferences with physical integrity; and ii) provision for sufficient safeguards to ensure that seclusion is used only when strictly necessary and that individuals subject to it should have access to review at intervals so that it is brought to an end when no longer necessary.
Whenever the legitimacy of a new or ethically contentious medical intervention is considered, a range of influences will determine whether the treatment becomes accepted as lawful medical treatment. The development and introduction of abortion, organ donation, gender reassignment, and non-therapeutic cosmetic surgery have, for example, all raised ethical, legal, and clinical issues. This book examines the various factors that legitimatise a medical procedure. Bringing together a range of internationally and nationally recognised academics from law, philosophy, medicine, health, economics, and sociology, the book explores the notion of a treatment, practice, or procedure being proper medical treatment, and considers the range of diverse factors which might influence the acceptance of a particular procedure as appropriate in the medical context. Contributors address such issues as clinical judgement and professional autonomy, the role of public interest, and the influence of resource allocation in decision-making. Chapter 6 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 3.0 license.
Book Synopsis The Legitimacy of Medical Treatment by : Sara Fovargue
Download or read book The Legitimacy of Medical Treatment written by Sara Fovargue and published by Routledge. This book was released on 2015-08-11 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whenever the legitimacy of a new or ethically contentious medical intervention is considered, a range of influences will determine whether the treatment becomes accepted as lawful medical treatment. The development and introduction of abortion, organ donation, gender reassignment, and non-therapeutic cosmetic surgery have, for example, all raised ethical, legal, and clinical issues. This book examines the various factors that legitimatise a medical procedure. Bringing together a range of internationally and nationally recognised academics from law, philosophy, medicine, health, economics, and sociology, the book explores the notion of a treatment, practice, or procedure being proper medical treatment, and considers the range of diverse factors which might influence the acceptance of a particular procedure as appropriate in the medical context. Contributors address such issues as clinical judgement and professional autonomy, the role of public interest, and the influence of resource allocation in decision-making. Chapter 6 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 3.0 license.
GMC's fitness to practise successfully produces outcomes that protect patients from sub-standard doctors but failures to communicate the reasons for decisions and poor investigative practices have undermined a small number on investigations. The GMC should review its fitness to practice procedures to prevent such mistake. The Committee also found that while it is still too early to judge whether revalidation has been effective there is a worrying approach to the oversight of revalidation. Each designated body has a responsible officer for revalidating their medical staff, but the degree to which the responsible officer will be held to account is unclear. It is imperative that the GMC clarifies the personal responsibility and accountability of responsible officers. There is also concern over the number of responsible officers available to oversee the revalidation of doctors working in primary care. GPs are revalidated not by their own employers but by one of the 27 NHS England local area teams that oversees Clinical Commissioning Groups in England. Just 27 responsible officers will be tasked with overseeing revalidation for approximately 45,0000 GPs in England. The Government's intention had been to give the GMC the power to allow it to appeal decisions made by the Medical Practitioners Tribunal Service (MPTS) in 2014 by using a mechanism in secondary legislation called a section 60 order. The Government now plans to introduce the reform in primary legislation as part of a proposed Law Commission Bill thus meeting with even further delay
Book Synopsis 2013 Accountability Hearing with the General Medical Council - HC 897 by : Great Britain: Parliament: House of Commons: Health Committee
Download or read book 2013 Accountability Hearing with the General Medical Council - HC 897 written by Great Britain: Parliament: House of Commons: Health Committee and published by The Stationery Office. This book was released on 2014-04-02 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: GMC's fitness to practise successfully produces outcomes that protect patients from sub-standard doctors but failures to communicate the reasons for decisions and poor investigative practices have undermined a small number on investigations. The GMC should review its fitness to practice procedures to prevent such mistake. The Committee also found that while it is still too early to judge whether revalidation has been effective there is a worrying approach to the oversight of revalidation. Each designated body has a responsible officer for revalidating their medical staff, but the degree to which the responsible officer will be held to account is unclear. It is imperative that the GMC clarifies the personal responsibility and accountability of responsible officers. There is also concern over the number of responsible officers available to oversee the revalidation of doctors working in primary care. GPs are revalidated not by their own employers but by one of the 27 NHS England local area teams that oversees Clinical Commissioning Groups in England. Just 27 responsible officers will be tasked with overseeing revalidation for approximately 45,0000 GPs in England. The Government's intention had been to give the GMC the power to allow it to appeal decisions made by the Medical Practitioners Tribunal Service (MPTS) in 2014 by using a mechanism in secondary legislation called a section 60 order. The Government now plans to introduce the reform in primary legislation as part of a proposed Law Commission Bill thus meeting with even further delay
Embryo research, cloning, assisted conception, neonatal care, pandemic vaccine development, saviour siblings, organ transplants, drug trials – modern developments have transformed the field of medicine almost beyond recognition in recent decades and the law struggles to keep up. In this highly acclaimed and very accessible book Margaret Brazier, Emma Cave and Rob Heywood provide an incisive survey of the legal situation in areas as diverse as fertility treatment, patient consent, assisted dying, malpractice and medical privacy. The seventh edition of this book has been fully revised and updated to cover the latest cases, Brexit-related regulatory reform and COVID-19 pandemic measures. Essential reading for healthcare professionals, lecturers, medical and law students, this book is of relevance to all whose perusal of the daily news causes wonder, hope and consternation at the advances and limitations of medicine, patients and the law.
Book Synopsis Medicine, patients and the law by : Emma Cave
Download or read book Medicine, patients and the law written by Emma Cave and published by Manchester University Press. This book was released on 2023-06-06 with total page 729 pages. Available in PDF, EPUB and Kindle. Book excerpt: Embryo research, cloning, assisted conception, neonatal care, pandemic vaccine development, saviour siblings, organ transplants, drug trials – modern developments have transformed the field of medicine almost beyond recognition in recent decades and the law struggles to keep up. In this highly acclaimed and very accessible book Margaret Brazier, Emma Cave and Rob Heywood provide an incisive survey of the legal situation in areas as diverse as fertility treatment, patient consent, assisted dying, malpractice and medical privacy. The seventh edition of this book has been fully revised and updated to cover the latest cases, Brexit-related regulatory reform and COVID-19 pandemic measures. Essential reading for healthcare professionals, lecturers, medical and law students, this book is of relevance to all whose perusal of the daily news causes wonder, hope and consternation at the advances and limitations of medicine, patients and the law.
