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Duty Of Candour
In UK public law, the duty of candour is the duty imposed on a public authority 'not to seek to win litigation at all costs but to assist the court in reaching the correct result and thereby to improve standards in public administration'. Lord Donaldson MR in ''R v Lancashire County Council ex p. Huddleston'' stated that public servants should be willing 'to explain fully what has occurred and why'. There is also a contractual duty of candour imposed on all NHS and non-NHS providers of services to NHS patients in the UK to 'provide to the service user and any other relevant person all necessary support and all relevant information' in the event that a 'reportable patient safety incident' occurs. A 'reportable patient safety incident' is one which could have or did result in moderate or severe harm or death. Campaigner Will Powell led a campaign for NHS managers and doctors to have a formal 'duty of candour' when dealing with complaints about negligent or poor standards of ...
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UK Public Law
The United Kingdom constitutional law concerns the governance of the United Kingdom of Great Britain and Northern Ireland. With the oldest continuous political system on Earth, the British constitution is not contained in a single code but principles have emerged over the centuries from common law statute, case law, political conventions and social consensus. In 1215, Magna Carta required the King to call "common counsel" or Parliament, hold courts in a fixed place, guarantee fair trials, guarantee free movement of people, and free the church from the state; it also enshrined the rights of "common" people to use the land. After the English Civil War and the Glorious Revolution 1688, Parliament won supremacy over the monarch, as well as the church and the courts, and the Bill of Rights 1689 recorded that the "election of members of Parliament ought to be free". The Act of Union 1707 unified England, Wales and Scotland, while Ireland was joined in 1800, but the Republic of Ir ...
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Duty
A duty (from "due" meaning "that which is owing"; fro, deu, did, past participle of ''devoir''; la, debere, debitum, whence "debt") is a commitment or expectation to perform some action in general or if certain circumstances arise. A duty may arise from a system of ethics or morality, especially in an honor culture. Many duties are created by law, sometimes including a codified punishment or liability for non-performance. Performing one's duty may require some sacrifice of self-interest. Cicero, an early Roman philosopher who discusses duty in his work “On Duty", suggests that duties can come from four different sources: # as a result of being a human # as a result of one's particular place in life (one's family, one's country, one's job) # as a result of one's character # as a result of one's own moral expectations for oneself The specific duties imposed by law or culture vary considerably, depending on jurisdiction, religion, and social normalities. Civic duty Duty is ...
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John Donaldson, Baron Donaldson Of Lymington
John Francis Donaldson, Baron Donaldson of Lymington, (6 October 1920 – 31 August 2005) was a senior British judge who served as Master of the Rolls for ten years, from 1982 to 1992. He is best known in some circles for his role as presiding judge in the infamous Guildford Four miscarriage of justice. Early and private life He was born at 6 King Street, St Marylebone, London, the son of Malcolm Donaldson (1884-1973), consultant gynaecologist, and his first wife, Evelyn Helen Marguerite, née Gilroy. His father was a Harley Street-based gynaecologist. Donaldson attended first Charterhouse and then Trinity College, Cambridge. He served as chairman of the Federation of University Conservative and Unionist Associations, and harboured ambitions of representing the Conservative Party as a Member of Parliament . He was an Independent Ratepayers Councillor for the County Borough of Croydon from 1949 to 1953. After graduating with a lower second class degree in 1941, he join ...
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Public Servant
The civil service is a collective term for a sector of government composed mainly of career civil servants hired on professional merit rather than appointed or elected, whose institutional tenure typically survives transitions of political leadership. A civil servant, also known as a public servant, is a person employed in the public sector by a government department or agency for public sector undertakings. Civil servants work for central and state governments, and answer to the government, not a political party. The extent of civil servants of a state as part of the "civil service" varies from country to country. In the United Kingdom (UK), for instance, only Crown (national government) employees are referred to as "civil servants" whereas employees of local authorities (counties, cities and similar administrations) are generally referred to as "local government civil service officers", who are considered public servants but not civil servants. Thus, in the UK, a civil servant i ...
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National Health Service
The National Health Service (NHS) is the umbrella term for the publicly funded healthcare systems of the United Kingdom (UK). Since 1948, they have been funded out of general taxation. There are three systems which are referred to using the "NHS" name ( NHS England, NHS Scotland and NHS Wales). Health and Social Care in Northern Ireland was created separately and is often locally referred to as "the NHS". The four systems were established in 1948 as part of major social reforms following the Second World War. The founding principles were that services should be comprehensive, universal and free at the point of delivery—a health service based on clinical need, not ability to pay. Each service provides a comprehensive range of health services, free at the point of use for people ordinarily resident in the United Kingdom apart from dental treatment and optical care. In England, NHS patients have to pay prescription charges; some, such as those aged over 60 and certain state ...
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David Behan
Sir David Behan (born November 1955) is a British public servant who is the current Chair of Health Education England and also Independent Non-Executive Chairman of HC-One. Career Behan began his career as a social worker, progressing as a manager in Wakefield, Avon and Cleveland. He was appointed to Director of Social Services posts in Cleveland, Middlesbrough and Greenwich. He was the President of the Association of Directors of Social Services between 2002 and 2003. Behan was the first Chief Inspector of the Commission for Social Care Inspection in 2003. In 2006, he was appointed to the Department of Health as the Director General for Social Care, Local Government and Care Partnerships working on personalised care, carers learning and disability policy, mental health policy, the reform of social care funding and legislation. He was also a member of the NHS Management Board. In 2012, he was appointed to the role of Chief Executive of the Care Quality Commission where he has ...
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Care Quality Commission
The Care Quality Commission (CQC) is an executive non-departmental public body of the Department of Health and Social Care of the United Kingdom. It was established in 2009 to regulate and inspect health and social care services in England. It was formed from three predecessor organisations: * the Healthcare Commission * the Commission for Social Care Inspection * the Mental Health Act Commission The CQC's stated role is to make sure that hospitals, care homes, dental and general practices and other care services in England provide people with safe, effective and high-quality care, and to encourage those providers to improve. It carries out this role through checks during the registration process which all new care services must complete, as well as through inspections and monitoring of a range of data sources that can indicate problems with services. Part of the commission's remit is protecting the interests of people whose rights have been restricted under the Mental Healt ...
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Stafford Hospital Scandal Inquiry
The Stafford Hospital scandal concerns poor care and high mortality rates amongst patients at the Stafford Hospital, Stafford, England, during the first decade of the 21st century. The hospital was run by the Mid Staffordshire NHS Foundation Trust, and supervised by the West Midlands Strategic Health Authority. It has been renamed County Hospital. The scandal also resulted in the resignation of NHS Chief Sir David Nicholson in 2013. History Discovery of scandal Julie Bailey, whose mother died in Stafford Hospital in 2007, started a campaign called Cure the NHS to demand changes to the hospital. She was supported by the Staffordshire Newsletter, but the Public and Patient Involvement Forum and the Governors of the Trust were defensive. The scandal came to national attention because of an investigation by the Healthcare Commission in 2008 into the operation of Stafford Hospital in Stafford, England. The commission was first alerted by the "apparently high mortality rates in ...
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Action Against Medical Accidents
Action against Medical Accidents (AvMA) is a UK charity for patient safety and justice. It works with people who have been affected by medical accidents. It is based in Surrey. The charity provides free, independent advice and support to people affected by medical accidents (in particular, lapses in patient safety) through a helpline, written casework, and inquest support services. It also works in partnership with patients, health professionals, the NHS, government departments, and lawyers to improve patient safety and justice for people affected by medical accidents. AvMA is a registered charity in England & Wales (No: 299123) and Scotland (No: 2239250/ SCO 39683). History AvMA was originally established in 1982 as ‘Action for the Victims of Medical Accidents’ following public reaction to the television play ‘Minor Complications’, by AvMA's founder, Peter Ransley. The name was changed in 2003 to ‘Action against Medical Accidents’. Since its inception, AvMA has ...
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Doctor–patient Relationship
The doctor–patient relationship is a central part of health care and the practice of medicine. A doctor–patient relationship is formed when a doctor attends to a patient's medical needs and is usually through consent. This relationship is built on trust, respect, communication, and a common understanding of both the doctor and patients' sides. The trust aspect of this relationship goes is mutual: the doctor trusts the patient to reveal any information that may be relevant to the case, and in turn, the patient trusts the doctor to respect their privacy and not disclose this information to outside parties. An important dynamic of the doctor–patient relationship is that the doctor is bonded by oath to follow certain ethical guidelines (Hippocratic Oath) whereas the patient is not. Additionally, the healthiness of a doctor–patient relationship is essential to keep the quality of the patient's healthcare high as well as to ensure that the doctor is functioning at their optimum ...
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Duty Of Disclosure
A duty (from "due" meaning "that which is owing"; fro, deu, did, past participle of ''devoir''; la, debere, debitum, whence "debt") is a commitment or expectation to perform some action in general or if certain circumstances arise. A duty may arise from a system of ethics or morality, especially in an honor culture. Many duties are created by law, sometimes including a codified punishment or liability for non-performance. Performing one's duty may require some sacrifice of self-interest. Cicero, an early Roman philosopher who discusses duty in his work “On Duty", suggests that duties can come from four different sources: # as a result of being a human # as a result of one's particular place in life (one's family, one's country, one's job) # as a result of one's character # as a result of one's own moral expectations for oneself The specific duties imposed by law or culture vary considerably, depending on jurisdiction, religion, and social normalities. Civic duty Duty is ...
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Information Disclosure Statement
An information disclosure statement (often abbreviated as IDS) refers to a submission of relevant background art or information to the United States Patent and Trademark Office (USPTO) by an applicant for a patent during the patent prosecution process. There is a duty on all patent applicants to disclose relevant art or background information that the applicant is aware of and that may be relevant to the patentability of the applicant's invention, as established by the United States Code title 35 and related sections of 37 CFR and the Manual of Patent Examining Procedure (MPEP). If a patent applicant, with deceptive intent for art known to the applicant, fails to submit material prior art to the USPTO, then any patent that later issues from the patent application may be declared unenforceable because of inequitable conduct. Furthermore, the duty to submit such relevant information to the USPTO lies not only on the applicant or inventor, but also on any patent attorney or other l ...
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