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By Brown, Robert; Puri, Basant; McKee, Heather

A concise, sensible advisor to psychological healthiness legislation for college kids and pros operating in psychiatric settings.

summary: A concise, useful advisor to psychological well-being legislations for college kids and pros operating in psychiatric settings

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Extra info for Mental Health Law

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Patients should usually be given the opportunity of speaking alone to the approved mental health professional. Furthermore, if the patient expresses a wish that someone else be present, then under normal circumstances, the approved mental health professional should assist in securing that person’s attendance. The approved mental health professional should ensure that: the interview is conducted in a suitably professional manner; if applicable, the statutory criteria for detention are met; in all the circumstances of the case, detention in hospital is the most appropriate way of providing the care and medical treatment the patient needs; if applicable, relevant provisions of the Mental Capacity Act are implemented; the patient’s wishes and view of his own needs, age and physical health, cultural background, social and family circumstances are taken into account; the impact of deterioration on children, relatives, carers and others is 26 Approved mental health professional considered; and that due consideration is paid to the effect of a decision to admit or not to admit the patient under the Act on the patient, and those close to the patient.

This rule on liability also requires that the doctor does not give a prior guarantee that the service to be offered will definitely succeed. ) Breach of duty of confidentiality Except under the specific circumstances described below, a doctor has a duty of confidentiality toward his patients. Not only is information about a patient confidential during the time that the doctor is treating the patient, but it should also remain so after the end of such treatment. Justified disclosure of patient information The General Medical Council (Confidentiality, 2009) have issued guidance in relation to circumstances in which it is appropriate to disclose confidential patient information.

Having established that there exists the ‘man on the Clapham omnibus’, who is not a highly trained medical specialist, the case held that: ‘…where you get a situation which involves the use of some special skill or competence, then the test of whether there has been negligence or not is not the test of the man on the Clapham omnibus, because he has not got this special skill. The test is the standard of the ordinary skilled man exercising and professing to exercise that special skill. A man need not possess the highest skill at the risk of being found negligent.

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