Topic

Author/Academic

Viewpoint

Source

The role of clinical guidelines in medical negligence litigation: a shift from the Bolam standard?

A Samanta, M Mello, C Foster, J Tingle and J Samanta

The authors conducted a questionnaire-based survey to ascertain the views of solicitors and barristers in the United Kingdom on the extent to which guidelines may be used or are used in medical litigation. A large proportion was familiar with national guidelines and had used them in court, and the majority felt that there would be an increased use of guidelines by the court in the future.

Med L Rev2006; 14: 321–366

Identification of poor performance in a national medical workforce

over 11 years: an observational study

L Donaldson, S Panesar, P McAvoy and D Scarrott

This is an observational study using data collected by the National Clinical Assessment Service for referrals over 6,179 doctors during an 11 year period

(2001–2012). The annual referral rate was 5 per 1,000 doctors. Those who were more likely to be referred were male doctors, doctors in the later stages of their career and those who had qualified abroad.

BMJ Quality and Safety2013 (7 October)

The Concept of Exceptionality: A Legal Farce?

A Ford.

In the absence of positive guidance from NICE PCTs (now CCGs) have discretion

regarding the provision of particular medication. However, public bodies are not able to fetter their discretion and as such they must recognise that exceptional circumstances may well exist. Ford suggests that in the absence of statutory guidance or general policy doctors will be left guessing as to whether patients will be eligible for NHS funded treatment on grounds of exceptionality. She reviews recent case law and concludes that the concept has a limited role in resource allocation decisions.

Med L Rev2012; 20(3): 304

NICE and judicial review: enforcing ‘accountability for reasonableness’

through the courts?

K Syrett

Syrett argues that NHS decision-making bodies need to have and follow transparent policies. These policies should include financial and economic considerations in decision-making. This is one way by which pressure may be applied to enhance political accountability for the NHS.

Med L Rev2008; 16: 127–140