Medicolegal topics

Question 1

What is deprivation of liberty?

Answer 1

Patient is not free to leave the ward.
Is under constant observation.
They are unable to give consent.

Question 2

Why do most patients on ICU not need DOL?

Answer 2

DOL is different in the context of immediately necessary life-sustaining treatment.
- No DOL is needed when a patient is so unwell that they are at immediate risk of dying anywhere other than in the hospital and the treatment given is the same if there were able to give consent.

Question 3

What is due to replace DOLs?

Answer 3

Liberty protection safeguards

Question 4

When should a formal DOLs application be made?

Answer 4

• When there are specific measures in place to prevent a patient from leaving or to prevent a family member from removing them.
• When a patient is subject to S17 of the MHA (on leave from psych hospital to receive ICU care)

Question 5

When can police get info about patients?

Answer 5

1. Terrorism act 2000
2. Road traffic act 1988
3. FGM act 2003
4. Sufficient public interest e.g. national security, serious crimes

Question 6

What to do if police ask for information?

Answer 6

Consider
- is it an emergency or can it be handled in office hours - which should be done using standard forms e.g. DP7 for non-consented disclosures.
- Can discuss with information governance team or Caldicott guardian
- Is there a legal basis for the request?

Question 7

Are doctors required to provide samples or tests for the polics?

Answer 7

No, not without a court order.