Matters excluded from investigation
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.