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NICE is facing a legal challenge over its ME guidelines delay

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andyguitar

Moderator
Messages
6,510
Location
South east England
Rufous McKinney said:
Does Great Britain have interveners?
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Yes, but they need permission from the Judge to take part. But they are not Parties to the Claim. So the Claim would not directly effect them.
Rufous McKinney said:
(others, who pile on the case).....
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These are what are known as "Interested Parties" meaning the Claim would directly effect them. As far as I know they would have to join the claim at an early stage. One thing that needs to be remembered in all this is that if this case goes to Court the Judge is not going to award damages to anyone or put the medical profession on trial.
 
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Inara

Senior Member
Messages
455
BrightCandle said:
The thing is about NICE's argument is since they freely admit that they can't bind medical staff there is no issue with releasing what they believe to be the right guidelines.
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In my view that sounds like a strawman argument. Yes, legally they may not be able to bind medical staff, but medical staff are bound to guidelines. A doctor would have to have good arguments for deviating from them before a court. It would always be a decision from case to case, and I doubt a deviation would be accepted on a broader scale.
 
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