Medical Practitioner in UK Law
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Yeong v General Medical Council
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In such a case, the efforts made by the medical practitioner in question to address his behaviour for the future may carry very much less weight than in a case where the misconduct consists of clinical errors or incompetence.
First, in my judgment, the overarching function of the GMC as set out in s. 1(1A) of the Act informs the meaning of impairment of fitness to practise by reason of misconduct in s. 35C(2), so that under s. 35C(2) and s. 35D the FTPP (acting on behalf of the GMC) is entitled to have regard to the public interest in the form of maintaining public confidence in the medical profession generally and in the individual medical practitioner when determining whether particular misconduct on the part of that medical practitioner qualifies as misconduct which currently impairs the fitness to practise of that practitioner.
Secondly, where a FTPP considers that fitness to practise is impaired for such reasons, and that a firm declaration of professional standards so as to promote public confidence in that medical practitioner and the profession generally is required, the efforts made by the practitioner to address his problems and to reduce the risk of recurrence of such misconduct in the future may be of far less significance than in other cases, such as those involving clinical errors or incompetence.
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Dr. Purabi Ghosh v The General Medical Council
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For these reasons the Board will accord an appropriate measure of respect to the judgment of the Committee whether the practitioner's failings amount to serious professional misconduct and on the measures necessary to maintain professional standards and provide adequate protection to the public. But the Board will not defer to the Committee's judgment more than is warranted by the circumstances.
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R (Gupta) v General Medical Council
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But in many cases the advantage is very significant and the appeal court recognises that it should accordingly be slow to interfere with the decisions on matters of fact taken by the first instance body.
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Airedale NHS Trust v Bland
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First, it is established that the principle of self-determination requires that respect must be given to the wishes of the patient, so that if an adult patient of sound mind refuses, however unreasonably, to consent to treatment or care by which his life would or might be prolonged, the doctors responsible for his care must give effect to his wishes, even though they do not consider it to be in his best interests to do so (see Schloendorff v. Society of New York Hospital 105 N.E. 92, 93, per Cardozo J. (1914); S. v. McC. (Orse S.) and M (D.S. Intervener); W v. W [1972] A.C. 24, 43, per Lord Reid; and Sidaway v. Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital [1985] A.C. 871, 882, per Lord Scarman).
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Raschid v General Medical Council
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20. These strands in the learning then, as it seems to me, constitute the essential approach to be applied by the High Court on a section 40 appeal. The approach they commend does not emasculate the High Court's role in section 40 appeals: the High Court will correct material errors of fact and of course of law and it will exercise a judgment, though distinctly and firmly a secondary judgment, as to the application of the principles to the facts of the case.
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Social Security Administration and Tribunal Membership (Scotland) Act 2020
... ... physical or mental health of the individual, and(b) a registered medical practitioner or a registered nurse has informed the Scottish Ministers ... ...
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Mental Health (Scotland) Act 2015
... ... under section 86 of this Act from a patient's responsible medical officer, and(b) the Tribunal is required by virtue of section 101(2) (a) ... unless it is accompanied by a report prepared by a medical practitioner which(a) states that in the practitioner's opinion the patient does not ... ...
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The National Health Service (General Medical Services Contracts) Regulations 2015
... ... at 6.30pm on any day from Monday to Friday except Good Friday, Christmas Day or bank holidays;“dispenser” means a chemist, medical practitioner or contractor whom a patient wishes to dispense the patient's electronic prescriptions;“dispensing services” means the provision of drugs, ... ...
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The National Health Service (Personal Medical Services Agreements) Regulations 2015
... ... behalf,means a person mentioned in paragraph 17(4) (b) (i) , (ii) , (iii) or (iv) of Schedule 2;“armed forces GP” means a medical practitioner, who is employed on a contract of service by the Ministry of Defence, whether or not as a member of the armed forces of the Crown;“armed forces of ... ...
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Recent Judicial Decisions
... ... their lawyers ( in Re McE and Re C ) and between a suspect and his medical practitioner ( in Re M ), under powers conferred by the Regulation of ... ...
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An Inquest on Inquests
... ... of everyday accidents in the home or elsewhere a qualified medical practitioner could reasonably be given power to deal with them in ... ...
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The Police & The Law
... ... Regulations 1949 to an appeal on the ground that the medical referee had inadequate or inaccurate evidence on which to come to ... matters of medicine shall be decided by the medical practitioner or the medical referee, and it states in so many words that the ... ...
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Introduction
... ... 2 A Practitioner’s Guide to Mental Health Law ... aspects of decision-making on behalf f those who lack capacity. This may cover decisions concerning medical treatment, but also any other matter affecting a person’s welfare or ... ...
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Case Study: Duties To Notify Under The Notification Of Deaths Regulations 2019
... ... a coroner, and subsequent medical evidence (perhaps years later) ... suggests there was negligence, what are ... registered medical practitioner comes to know of the death on or ... after the coming into force of the ... ...
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COVID-19 Healthcare: Healthcare Implications Of The Coronavirus Act
... ... provides for temporary registration of those who perform primary medical services, in order to increase capacity. Interestingly, there is no ... for six hours instead of three; the ability of a medical practitioner to grant a short term detention certificate without consulting a mental ... ...
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When To Notify Deaths To The Coroner: New Legal Framework From 1st October
... ... for doctors on this within existing guidance on completing Medical Certificates of Cause of Death (MCCDs), this is broadly drawn and has no ... requiring notification include where the medical practitioner 'suspects' (likely to be interpreted as a low hurdle) that the person's ... ...
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COVID-19: Safety, Health And Environment Regulatory - HSE's New Guidance: RIDDOR Requirements
... ... Significantly, the regulations define "diagnosis" as "a registered medical practitioner identification (in writing, where it pertains to an employee) ... ...
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Medical report for gender recognition
Forms relating to gender recognition including applying for a Gender Recognition Certificate (Form T450).... ... possibly two medical reports. In the case of a diagnosis of gender dysphoria, the medical ... report must be from either a medical practitioner or a registered psychologist, practising in ... the field of gender dysphoria ... The requirements that relate to the evidence provided by the ... ...
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Supplement for an application for a Warrant to assist a person authorised by an Emergency Protection Order
Standard directions forms under the Children Act.... ... whether you wish the constable to be accompanied by a registered medical practitioner, ... registered nurse or registered midwife, if he so wishes ... ...
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Apply for a Gender Recognition Certificate
Forms relating to gender recognition including applying for a Gender Recognition Certificate (Form T450).... ... 6. Medical Report A (Provided by a practitioner in the field of gender dysphoria) ... ...
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Apply to authorise a deprivation of liberty
Court of Protection forms including the COP1 application to make decisions on someone's behalf.... ... ‘unsound mind’ and I attach written evidence from a medical practitioner ... If your assessment of capacity on form COP3 has not been ... ...