Will your aim be achieved by Dr Bawa-Garba's appeal(s) and potential reinstatement? By a potential retrial (or whatever is planned) - is anyone really sure, without seeing the trial transcript that she was not 'truly exceptionally bad?'
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I'm not disputing that. I originally didnt object to the conviction, certainly not to the principle of that potential, but I did object to the asymmetry. However from what I now know about how intention/levels of responsibility are dealt with, I think GNM law needs sign. reform.
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What is the nature of the reform you want to see?
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The duty of care is shared not individual. The system should replace the individual in tests 1/2. A fifth test, that the breach is attributable to an/the individual. That what is gross is better defined, contextual definitions, rather than criminality being defined by jurors.
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Primacy of system analysis in unbiased exploratory independent investigation must be a requisite if there is a vague whiff of a significant system influence as a contextual backdrop.
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It seems perverse to me that the actual nature of the crime is defined by jurors because they decide what is gross. That is especially perverse if accede to the argument of the inherent complexities of medicine and surrounding systems, which I do.
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Fair. The question of how non-professionals can assess professional negligence is definitely a problem. The inevitable reliance on expert witnesses means that in all but the most clear-cut cases, the most persuasive expert will decide the matter.
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Yes. And we all know how unfit for purpose medical expert systems have been eg vis a vis shaken baby syndrome. Again exploratory rather than adversarialism is probably better here.
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Exploratory is definitely best for fixing systems. But it’s unrealistic to rule out the adversarial option. A tiny number of professionals are genuinely criminal. An option to sanction those people must exist.
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