Hiya
Copying from today's chat. Does anyone know, or can they point me at, the specific up to date legislation for GP practices and the NHS, as per the Corona Virus Act? I can find this, but I want to know what’s recommendation and what’s law? https://www.england.nhs.uk/coronavirus/wp-content/uploads/sites/52/2020/03/C0569-Second-phase-of-General-Practice-response-to-COVID-19–update-to-GP-contracts-and-income-protection-a.pdf
I’ve also read this, but am unsure how it applies to GP practices? http://www.laworfiction.com/2020/07/risk-assessments-an-important-chink-in-the-lockdown-armour/
Given our overlords are talking about locking up the elderly again, https://www.telegraph.co.uk/politics/2020/08/01/elderly-may-asked-stay-home-ministers-blueprint-avoid-new-lockdown/
My dad’s dementia has gone off a ski jump under lockdown, he’s gone from a fit, active, social 85 year old, to incredibly forgetful, anxious and lacking in confidence. His Gp was already disinterested, and so I got him an apt with a Harley St specialist who did a phone conference with me and my dad, he was fantastic and wrote to his GP to ask with help getting some tests and drugs organised. The GP won’t see him, only talk to him by phone.
I want to know what risk assessments, equality impact assessments and what bits of PSED GPs are still obliged to adhere to, as I’m going to send a letter asking them to tell me precisely on what basis they have withdrawn care from all their patients (I’d imagine if you are learning disabled, mentally ill, or very old, or showing funny symptoms that only a GP would spot in person, rather than relying on the patient to self report verbally then accessing care by Zoom might be a bit tricky, lots must be missed by phone).
I’m in Shropshire, where cases are incredibly low, as are deaths, it seems a bit heavy handed that they’ve mothballed an entire 20 GP practice, and nobody can see a doctor?
OK I'm being thick, can someone help:
This is the original corona virus act: https://www.legislation.gov.uk/ukpga/2020/7/contents/enacted
This was revoked in almost its entirety, with no fanfare, announcement or anything on 4th July http://www.laworfiction.com/2020/07/lockdown-laws-in-england-have-been-revoked/
This is the new act https://www.legislation.gov.uk/uksi/2020/684/regulation/1/made
That looks to me that they revoked almost everything relating to healthcare provision?
Oh and the Original Act indemified doctors and healthcare workers against medical negligence:
"The Act includes powers to provide indemnity coverage for clinical negligence of health care workers and others carrying out NHS and health and social care activities connected to care, treatment or diagnostic services provided under the arrangements for responding to the Covid-19 pandemic."
If that's revoked, as I think it might be, then that's the lever.
Bump, does anyone know a medical lawyer? Surely someone must know if it's lawful for GP practices up and down the land to just close their doors?
I wrote to the RCGP, about to do BMA
I have been trying to find the answer to this, but have been unable so I wonder if you can help me. Could you tell me what specific aspects of the law GP practices are following when they say that patients cannot be seen in person, and must only be seen by telephone or digital appointment please? The CoronaVirus Act was revoked and replaced on 3rd July with Part 2 and it’s unclear exactly what applies to medical care? https://www.legislation.gov.uk/uksi/2020/684/regulation/1/made Matt Hancock has since said all healthcare apts will have to remain remote / digital for the foreseeable. On what authority has he done that? And on what legal basis are GP practices enacting it?
Secondly, could you point me at what rights patients have during this time? If, say, GP practices are enacting guidance as if it was law, and are rationing, reducing or cutting services to patients, what recourse do patients have?
Thirdly, could you let me know, are GP practices and care providers still subject to PSED duty, equality impact assessments and risk assessments? I assume they are obliged, when working out what services to offer, to ensure they are not discriminatory. E.g. telephone appointments could be exclusionary to hard of hearing and deaf people, and zoom or digital appointments are difficult to access for those who are elderly, don’t have access to technology or are learning disabled?
My local practice, I hear anecdotally, are asking patients to take photos of body parts and text and email to them the surgery. I assume that practice is not consistent with good risk assessments, GDPR, or patient dignity, privacy or confidentiality? it would only take one nefarious person in the practice to upload intimate photos to a porn site, or share them outside the practice for that to be quite a serious breach I assume?
I’ve looked at your website, and I notice that you have plenty of information about GPs assessing the risks to themselves, but I can’t find anything about assessing risks to patients by withdrawing care in this way? Could you tell me what GPs are obliged to do?
I assume that GP practices are assessing the risks to their patients when they are not seen in person, and each practice is obliged to carry out such a risk assessment? This article on risk assessments is useful, http://laworfiction.com/2020/07/risk-assessments-an-important-chink-in-the-lockdown-armour/ In law, Covid19 does not represent a clear and imminent danger. I assume therefore, when risk assessing remote services, GPs are obliged to balance risks? Such as missed diagnoses, late diagnoses, missing symptoms by relying on the patient to self report them, late referrals etc?
I also note RCGP is recommending GP practices enforce the wearing of masks when people do have to come into the practice, and enforce social distancing (which is not law). Here is the law on masks: http://laworfiction.com/wp-content/uploads/2020/07/Face-Covering-Exemption-Notice-with-Law-Explained-24-July-2020.pdf I assume GP practices have been given clear guidance on the exemptions that apply to face masks and are clear that they cannot refuse care to anyone who is legally exempt from wearing one?
The reason I ask all this is my local GP practice is refusing to see my elderly dad, he’s getting very threadbare care by telephone, and access to care is policed by over zealous receptionists who are giving out advice that I believe is neither lawful, enforceable, nor accurate. I want to know on what basis are NHS providers withdrawing care from their patients like this?
