Healthcare Professionals in UK Law

Leading Cases
  • Council for the Regulation of Health Care Professionals v General Medical Council, Nursing and Midwifery Council, Truscott and Ruscillo
    • Court of Appeal (Civil Division)
    • 20 Octubre 2004

    The role of the Court when a case is referred is to consider whether the disciplinary tribunal has properly performed that task so as to reach a correct decision as to the imposition of a penalty. The test of undue leniency in this context must, we think, involve considering whether, having regard to the material facts, the decision reached has due regard for the safety of the public and the reputation of the profession.

    Where all material evidence has been placed before the disciplinary tribunal and it has given due consideration to the relevant factors, the Council and the Court should place weight on the expertise brought to bear in evaluating how best the needs of the public and the profession should be protected.

  • Montgomery v Lanarkshire Health Board
    • Supreme Court (Scotland)
    • 11 Marzo 2015

    One development which is particularly significant in the present context is that patients are now widely regarded as persons holding rights, rather than as the passive recipients of the care of the medical profession. They are also widely treated as consumers exercising choices: a viewpoint which has underpinned some of the developments in the provision of healthcare services.

    An adult person of sound mind is entitled to decide which, if any, of the available forms of treatment to undergo, and her consent must be obtained before treatment interfering with her bodily integrity is undertaken. The doctor is therefore under a duty to take reasonable care to ensure that the patient is aware of any material risks involved in any recommended treatment, and of any reasonable alternative or variant treatments.

  • Wilsher v Essex Area Health Authority
    • Court of Appeal (Civil Division)
    • 24 Julio 1986

    The position, to my mind, is wholly different from that in McGhee where there was only one candidate (brick dust) which could have caused the dermatitis and the failure to take a precaution against brick dust causing dermatitis was followed by dermatitis caused by brick dust. To the extent that certain members of the House of Lords decided the question on inferences from evidence or presumptions, I do not consider that the present case falls within their reasoning.

  • Whitehouse (A.P.) (Suing by his Mother and Next Friend Eileen Whitehouse) v Jordan and Others
    • House of Lords
    • 19 Febrero 1981

    While some degree of consultation between experts and legal advisers is entirely proper, it is necessary that expert evidence presented to the court should be, and should be seen to be, the independent product of the expert, uninfluenced as to form or content by the exigencies of litigation. To the extent that it is not, the evidence is likely to be not only incorrect but self defeating.

  • Preiss v General Dental Council
    • Privy Council
    • 17 Julio 2001

    It is settled that serious professional misconduct does not require moral turpitude. Something more is required than a degree of negligence enough to give rise to civil liability but not calling for the opprobrium that inevitably attaches to the disciplinary offence. The core and most serious shortcoming was summarised by the PCC as failure to ensure that the state of the patient's oral health was appropriate in view of the ambitious treatment plan.

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Books & Journal Articles
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  • personal welfare application (COP GN4)
    • HM Courts & Tribunals Service court and tribunal forms
    Court of Protection forms including the COP1 application to make decisions on someone's behalf.
    ... ... property and financial affairs or their healthcare and ... personal welfare ... 3. A person is not to be treated as unable ... • family members or friends; ... • professionals; ... If you are making an application as a person’s ... litigation ... ...
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