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Headline

'Beware the creeping danger of language that leads to blame'

Comment

Anonymous | 25-Feb-2015 12:49 pm The truth is the opposite - it is HCPs who keep looking to guidance, whereas I keep telling them that they should be looking at the law itself: http://www.bmj.com/content/350/bmj.h841/rapid-responses 'And the fundamental difference between guidance and primary legislation, also has to be understood: for the MCA, the complexity introduced by section 42 re ‘the significance of further guidance’ is also very significant, but hardly ever discussed in clinically-authored material. The further guidance, unlike the Act itself, does not apply to ‘family carers’, and the people it does apply to (professionals, welfare attorneys, court deputies) only need to ‘have regard to’ the Code of Practice, etc. Section 42 introduces huge complications, for my area of concern (end-of-life patients who are in their own homes, when viewed from the patient/relative perspective). Any drift away from what the MCA itself says, towards ‘what makes operational sense to professionals’ in professional guidance, introduces a conflict between the Act which family carers have a duty to follow, and the professional guidance which is usually what professionals tend to follow.' You are right to point out that the problem is that 'junior staff' tend to follow the guidance when it makes no sense to do that. And I'm not talking about diagnosis, or about treatment - I'm talking about decision-making, and various other issues.

Posted date

26 February, 2015

Posted time

2:14 pm

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