when you sit in court and defence that comes up time&time again is 'she was dying anyway' to a claim of non communication your faith in scientific evaluation in medicine goes out the window. We always thought she was written off because of cancer, nothing has changed that for me
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Replying to @katemasters67 @iceman_ex and
‘She was dying anyway’ should never be the answer. The question should be BUT FOR the
#HCP’s action or inaction would the patient have died in this way, at this time? It is used to excuse appalling treatment & care of the most vulnerable patients.1 reply 6 retweets 12 likes -
Replying to @4AdsthePoet @iceman_ex and
We had criminal and civil cases. The criminal judge's thinking was that if anyone is responsible for reducing someone's life even by a minute they must be held to account. in this case that was the driver of the car who never deviated from taking responsibility for the accident
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Replying to @katemasters67 @4AdsthePoet and
In stark contrast to the tone of debate on Twitter right now. It honestly feels like exceptionalism gone mad sometimes. But when criminal law starts being targeted with a view to bending it to suit the will of clinicians, I think we risk entering a dark phase.
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Replying to @C7RKY @katemasters67 and
Historically it has always happened. Medics have always had deference from the courts others have not have. The outcry perhaps is that this case reflects perhaps a change in that. I suspect that change only happened here because of the gender, ethnicity & status of the doctor.
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Replying to @4AdsthePoet @C7RKY and
maybe but also because the only legal test doctors usually face is medical negligence that incorporates what their peers would have done in same situ via civil court, and criminal court is very different using a jury? (not a lawyer, just feels this way)
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Replying to @katemasters67 @C7RKY and
Yes, but in the past judges have directed juries not to find medics guilty, with some exceptionally deferential directions, for example suggesting that a member of a honourable profession could never behave dishonourably.
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Replying to @4AdsthePoet @C7RKY and
really? OK. did not know that. Don't want to get into the sexism/racism issues to be honest, but I do feel they exist.
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Replying to @katemasters67 @C7RKY and
Based on other cases rather than this one, I doubt Bawa-Garba would even have been charged if she had been a white, male, senior consultant. I think equality is central to this case, both for the patient and doctor. Juries also more likely to convict women & ethnic minorities.
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Replying to @4AdsthePoet @katemasters67 and
She wasn't originally charged though, it was the evidence during the inquest which swung that.
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Cover up gone bad.
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