What law change? That drs shouldn’t be prosecute without intent (has precedent under Scots law) or that it shouldn’t lead to an automatic striking off which is a professional issue
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If grossly careless culpable homicide is possible.
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Replying to @Janine00050361 @C7RKY and
If it mirrors Scots law (I don’t know the details if it does or doesn’t) then on what basis could either Parliament or the Supreme Court/Court it Appeal refuse?
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I'm speaking of Scots law not clear to me what you mean by 'mirroring scores law'? Supreme court is highest court for us all isn't It? Scottish government lost a case there recently, planning to implement an unlawful policy.
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Replying to @Janine00050361 @C7RKY and
The challenge by Dr BG would be English law. The definitions of GNM, more in line with Scots law?? Convo often in absolutes which is false too, there are variations in degrees of severity and therefore fair sanctions
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I never said anything about being more in line with Scots law. You claimed, there would be no prosecution without intent, not true. If found to be grossly careless (22 exceptionally bad failings) a criminal charge of culpable homicide is possible.
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Replying to @Janine00050361 @JFr4ser and
Sorry to keep dipping in/out - trying to look after my son at the same time. I don't believe intent should be a GNM requirement either. I'm unaware of that requirement applying to the rest of us & I've heard no convincing argument as to why HCPs should have different rules apply.
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Replying to @C7RKY @Janine00050361 and
You can apply anything to anyone but wrong to send junior doctors to prison when there are many systems failures. If not system will never learn, we won't have good doctors left and many patients will suffer and I will emigrate gladly
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Replying to @DrUmeshPrabhu @Janine00050361 and
I've seen nothing to suggest BG spent a single night in prison. Have you? But it's not wrong to send grossly negligent people whose actions kill another to prison. No matter who they are. Doing so does not prelude us from improving the systems too. Mutually exclusive goals for me
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Replying to @C7RKY @DrUmeshPrabhu and
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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