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Dialysis and the Mental Capacity Act (and the CQC)

A company commissioned by the NHS to deliver regular community dialysis (clinics) to NHS patients has been rated inadequate (special measures) by the CQC. Clinic bookings are managed by the local NHS Trust and two consultants from the NHS trust are attached to the service. The inspection report states: ‘...staff we spoke with, at all levels, were unable to tell us about the legal principles and processes regarding capacity assessments and ensuring a patient’s best interests were appropriately assessed and met.’

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