Don't think it's intentional to break us. An alternative has never been set up by Government. An adversarial process, the little tax payer against giant Govt public funded authorities. It's a game of power to them, loss of reputation is unthinkable. Whatever crime committed.
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I agree John. Dr Bawa Garba told the truth & identified systemic failures but was convicted of gross negligence manslaughter. The doctors in Robbie's case lied & falsified medical records but evaded prosecution. Interesting that no-one has made the comparison between the 2 cases!pic.twitter.com/ZWWsy7HGHM
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So isn't the problem a failure to act on the evidence rather that the lack of DoC?
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The doctors lied, post death falsified Robbie's medical records & conspired with State agents to cover up his death which is still ongoing 28yrs on - the UK civil courts & ECtHR condoned their dishonesty - I can't make it any clearly. RIP Robbie xxhttps://www.youtube.com/watch?v=vdTI1143_JQ …
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Why isn't that covered by fraud and/or negligence?
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Did you watch the video? CPS accepted there was sufficient evidence to prosecute 2 GPs & their secretary for forgery & perverting justice. They weren't prosecuted because of the passage of time which was caused by their dishonesty & the cover up & police unlawfully gave immunity!
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Yes I did watch it, you're making my point for me. The failure was in not upholding existing laws, and not a lack of a new DoC law. If they don't uphold the laws we already have, what's the point of creating new ones for them to ignore?
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Conversely, in cases where there isn't enough evidence to prosecute, how is there going to be enough evidence to prove the Dr isn't already being candid?
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I'm not arguing that you've been treated justly, you clearly haven't, I'm saying that I don't see how DoC gets us any closer to a solution.
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I don't see how you can have one law giving you the right to break another.
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I understand. It's an unusual one. But I think the key sits with the duty of care I've mentioned elsewhere and the implications for patients safety of remaining silent. Bear in mind since Will began, 2 inquiries have called for the stat DoC too. Mid Staffs &
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But what would that then mean for the right to remain silent for all of us? I'm all in favour of DoC, but if it means I've lost my rights if I'm arrested, then I'm not so sure.
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It shouldn't mean anything for the rest of us. The statutory duty of candour wouldn't apply to us - we don't have the same level of expectation that comes from the duty of care. That's how I've interpreted it anyway.
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Drs aren't the only ones with a duty of care though.
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People accused of crimes have the right to remain silent BUT the courts will take that silence and use it as evidence of guilt So in reality in criminal cases there is no right to remain silent
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