References
Accountability and prescribing
Abstract
In this article, the various arenas where prescribers can be called to account for their prescribing decisions will be examined, such as their employers, clinical commissioning groups, professions as well as criminal and civil law. The English legal system will be explained in relation to non-medical prescribing. Case studies and scenarios will be used to highlight workings of the various areas and how and when they call prescribers to account for their actions.
There are several tiers to the English legal system, including criminal law and civil law (Table 1). In criminal law, the police arrest and charge a person for breaking the law. The Crown Prosecution Service brings the case to court, where the person has to be found ‘guilty beyond reasonable doubt’. In civil law, an individual brings an action against another person or organisation. The case is heard in a civil court, and the person may be found guilty on a ‘balance of probability’, rather than absolutely. It is a lesser burden to prove guilt in a civil court.
Prescribers can be called to account for their actions by (Figure 1):
If a prescriber intended to do harm to their patient and knowingly gave them a drug that would cause harm, the police would investigate and could prosecute for administering a noxious substance to endanger life or inflict grievous bodily harm (GBH).
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