General reaction from clinicians to the #BawaGarba case:
'If you're going to prosecute us, we're going to cover up more. These are unintended consequences.'
General reaction from NHS complainants:
'And? You've been doing that for decades anyway. Nothing unintended about it.'
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You likely can’t. Accused have a right to silence and against self-incrimination. Forcing HCPs to be candid gives them less legal rights than other members of society
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Viewed in isolation, I might agree. We need to come up with ways of accommodating the rights of all here. I don't know the answer, but we have to try and find it. And quick.https://twitter.com/c7rky/status/937068760502079488 …
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This is doctors talking. Not lawyers. Every criminal lawyer, certainly in Scotland where I am, will first advise make no comment. The crown has to prove a case, the defence doesn’t have to disprove it
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No, it's me talking. As someone who has more cause to want to see doctors prosecuted for their criminal deception than most. But instead, I'm trying to find a fair solution for all. It's just an idea for discussion, but I'm all ears to alternative suggestions that will work.
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Weirdly, for me, re: (pre-) 2012 failures in my care; I’m less bothered about justice 5 years on. I’m bothered about my gait, pain, impaired R leg circulation, my poor-relationship with
@CUH_NHS & GP resulting in consistently inequitable care. My incomplete, inaccurate records.
End of conversation
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Totally agree. Key issue is for duty of candour to apply primarily to the trust as well as the individual. An individual clinician meeting that duty of candour needs to know that the trust will not hang them out to dry to save it’s own blushes.
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Understood. In statutory terms it already applies to the trust - for all the good that does. Perhaps if the individual statutory duty that Francis originally called for had been implemented, (instead of being fudged by Hunt into an organisational one), things would be different?
End of conversation
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There is a widespread culture of covering up anyway. This is evident in the damage from drugs of dependence. It is deeply damaging to patients and doctors. It is endemic,
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