Expert Witness Journal Issue 66 April 2026 - Flipbook - Page 26
1 WLR 582) and its re昀椀nement in Bolitho v City
and Hackney Health Authority [1998] AC 232. It is
also increasingly cited in legal discourse, including
Coroner Inquests and Prevention of Future Death
reports (Courts and Tribunals Judiciary, 2025;
Courts and Tribunals Judiciary, 2025). This growing
prominence further highlights the need for solicitors
to understand its implications, despite the fact that
professional curiosity still lacks a rigid de昀椀nition or
universally accepted standard.
The professional and operational landscape
regarding professional curiosity is key to
understanding how omissions may become
signi昀椀cant in clinical negligence claims related to
mental health practice. In this context it’s essential
to recognise the professional framework that mental
health professionals, such as registered mental
health nurses, follow.
Recognise and respond to deterioration in
physical or mental health.
ɿ
Communicate clearly and share information
appropriately.
ɿ
Maintain safety and escalate concerns promptly.
Not reliant on prediction tools or static
categorisation.
Risk assessment in clinical practice is shaped
not only by national guidance but also by local
policies, multidisciplinary processes, supervision
arrangements, and team structures. Mental health
nurses may be required to complete comprehensive
assessments, brief crisis reviews, or ongoing
observational work, and the expectations around
professional curiosity will di昀昀er accordingly.
Mental health nurses are regulated by the Nursing
and Midwifery Council (NMC) and are required
to practise in line with The Code: Professional
Standards of Practice and Behaviour for Nurses,
Midwives and Nursing Associates (Nursing and
Midwifery Council, 2018). Although the Code does
not explicitly refer to “professional curiosity”, its
core standards re昀氀ect the principles underpinning
it. These include responsibilities to:
ɿ
ɿ
3. Local Policies, Protocols and Contextual Factors:
1. The Nursing and Midwifery Council Code
Assess needs and provide evidence-based care.
Informed by exploration of intent, context, and
protective factors.
NICE places particular importance on formulation,
contextual understanding, and active engagement
rather than passive observation. Although written
for multidisciplinary teams, these principles re昀氀ect
what a mental health nurse exercising professional
curiosity would reasonably be expected to do: probe
uncertainty, explore the wider context, and avoid
super昀椀cial or checklist-driven assessments when
working with individuals who have self-harmed or
who may be at risk of suicide.
Professional and Operational Landscape
ɿ
ɿ
The depth of inquiry will naturally vary depending
on the clinical context, such as:
ɿ
The acute nature or severity of the patient’s
presentation.
While the Code does not prescribe speci昀椀c steps,
it mandates that nurses exercise sound clinical
judgement, actively assess risk, and escalate when
necessary, ensuring that professional curiosity is
e昀昀ectively embedded in practice. Therefore, failing
to employ evidence-based assessment methods
to identify and respond to signs of mental health
deterioration, or to escalate concerns to senior
clinicians when indicated, may be judged as falling
below the reasonable standard of care.
2. National Institute for Health and Care
Excellence (NICE) Principles:
NICE (2022) guidance “Self-harm: Assessment,
Management
and
Preventing
Recurrence”
emphasies that risk assessment must be:
ɿ
Individualised and responsive to the patient’s
needs.
ɿ
Collaborative, involving the patient and, where
appropriate, their family or carers.
EXPERT WITNESS JOURNAL
24
APRIL 2026
