5Exercise of clinical judgment
(1)A Commissioner shall not conduct an investigation in respect of action taken in connection with—
(a)the diagnosis of illness, or
(b)the care or treatment of a patient,
which, in the opinion of the Commissioner, was taken solely in consequence of the exercise of clinical judgment, whether formed by the person taking the action or any other person.
(2)In subsection (1), “illness” includes a mental disorder within the meaning of the [1983 c. 20.] Mental Health Act 1983 or the Mental Health (Scotland) Act 1984 and any injury or disability requiring medical or dental treatment or nursing.