No. Intent. Take it out of healthcare and apply to all those within the criminal justice system. We place our belief in a fair judicial system and try to minimise any miscarriages if justice. Self-preservation applies to all of us under these circumstances
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Suspended prison sentence is enough for a good doctors life to be ruined and injustice to thrive and junior doctors to be frightened and scared and system leaders to escape.
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From the U.S. perspective, it is shocking to see a system where overwhelmed physicians and nurses with honorable intentions who have made an honest mistake are held criminally liable and incarcerated. It really makes one wonder why anyone in the U.K. goes into medical work. 1/2
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Patients don't seek doctors for the doctors' honorable intentions or honesty. That's assumed.
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We are not discussing why people seek doctors, we are discussing the meaning of criminal negligence and why a physician was convicted of a crime. Seems the jails would be very full if anyone who made a mistake at work could be imprisoned. Criminality assumes malicious intent.
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In English Law (not in wise sensible Scotland) gross negligence manslaughter does not require intent to harm. So any iatrogenic harm can become a crime.
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I still don't understand this, tbh. I thought the whole point of any manslaughter charge was to recognise the crime of causing another's death without intent. If there's intent then it's plain murder, surely?
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There was no intent to kill. There’s an argument that there was no malintent at all - no intention to harm and only to help. 2 diagnoses with appropriate action plans don’t seem like wilful recklessness or gross carelessness either
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I think intent is a red herring here tbh,(given the case is South of the border). And I'd include anything described as wilful in that. Gross carelessness seems closer to the legal descriptions I'm seeing though. Indifference to a risk & inattention seem to be the key phrases.
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It will be good to define negligence. I don’t think BG was negligient. Negligence is sitting with feet up and not responding to calls or not paying attention to repeated alerts.
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I honestly don't know where to start with this tweet. 1 Negligence is defined in Donahue vs Stevenson, for what that's worth. 2 You seem to be confusing negligence and GNM. 3 You think she wasn't even negligent, let alone guilty (as convicted) of GNM? Why? Have you read the SUI?
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