The bottom line here is that NICE basically produces GUIDANCE to doctors on how we should clinically assess and manage patients with specific conditions
At the same time we are still allowed to use what is termed our clinical judgement and have some flexibility as to what we do with our patients
Here is what my medical defence union says on following what is in a clinical guideline:
http://www.themdu.com/guidance-and-advice/case-studies/must-doctors-comply-with-guidelines
However, this balancing act can sometimes be quite challenging when, as a doctor, you do not agree with something that is in a NICE guideline - e.g. automatically offering or recommending CBT or GET to all patients with mild or moderate ME/CFS
It can be even more challenging if you are running an NHS service for a specific condition and not really following NICE guidance in a key area of management - which in the case of ME/CFS does, for example, state very clearly that everyone with mild or moderate ME/CFS should be offered CBT and GET
Where doctors can really run into trouble is if we start doing something, or prescribing something for a condition that is NOT recommended in the relevant NICE guideline - and there are various drugs (e.g. antivirals) and supplements (e.g. vitamin B12, Co-enzyme Q10, magnesium) that are NOT recommended for use in the NICE guideline on ME/CFS
Here is an example of a doctor ending up before the GMC for prescribing vitamin B12 injections for fatigue:
http://www.sunderlandecho.com/news/...e-says-patients-at-risk-as-a-result-1-6725330
Doctors also have to take into account the guidance from our medical defence organisations - which take a large bite of my income each year - when it comes to the risks of recommending or prescribing treatments that are not licensed, or not recommended by NICE etc, and then being sued if something goes wrong. The patient saying they are willing to take the risk of adverse effects occurring does not hold much water here if a case comes to court.
I have been following this patient consultation process in Norfolk and Suffolk for some time and it will be very interesting to see what happens once this consultant appointment has been made.