Would all the doctors subscribing to the #iamhadiza have made all 21+ mistakes that she did (I haven't seen a list, has anyone?). Is 21+ errors acceptable to other doctors in the light of her working conditions that day? Would they also be acceptable to patients?
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Key word here for me being 'shared'. Suggesting her culpability was still proven to the satisfaction of the judge/jury, but that others perhaps ought to have also faced legal scrutiny. The consultant being first in line.
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Well therein lies an intrinsic problem with the GNM legislation. Shared clinically does not just mean joint equal responsibility, it means unequal responsibility proportionate to competencies and levels of responsibilities defined in trainee consultant relationships...
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...& it's wrong to suggest that the ability to deliver your duty of care isn't diluted by the number of patients under your care, & the number you are or aren't sharing that workload with. Could a GP half their appt time again to 5mins & fulfil duty of care consistently?
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I'm not sure I share your concern re the law personally, because it should individually address each person's respective guilt and claims to have done so in this case. I agree there are concerns about the consultant and the resourcing though. I'd like to see it all addressed.
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I'm afraid I cannot agree. You cannot have a universal duty of care when you don't hold all of the competencies or availabilities to deliver it. This is not a test at the level of gross vs not gross. This is a test at the level of how capable a duty could be delivered...
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...at the moment the assessment is merely one of principle. In principle does that duty exist. The pragmatic reality is that in these overstretched over burdened environments, it is deeply compromised before you even step in there...
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...the assessment of gross, and therefore the definition of the crime itself is also left to the jurors, which seems wrong. But the idea that a balanced assessment of individual culpability is properly explored against the systemic culpability is wrong...
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...to truly know what the system contribution was, and therefore what the individual culpability is, requires a very thorough judicial exploration of the system & at the very least an independent one. Anything less allows the corporation & hierarchy to scapegoat the individual...
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It seems the consultant is practising in Ireland. Have medics here who say their are concerned about his conduct written to his employer and his regulatory body to express that concern?
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I have read something on another thread that suggests that it is being pursued.
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Be nice to see those efforts made public at some point, when appropriate.
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I think doing so would be a huge step towards restoring public confidence in the medical profession.
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For me, we will also need to understand how he evaded scrutiny for that step to be meaningful. Still plenty more yet to be learned from this case, I suspect.
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Sadly it mirrors what I have seen elsewhere in similar cases. If fault is found it tends to be with junior, female and or ethnic minority staff. There seems to be an unspoken irrebuttable presumption that a senior white male consultant could not possibly do wrong.
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Many medics on here are making just that point. I have, over the years, seen juniors thrown under the bus in coroners and in SUIs by consultants (not always posh white male ones). What tended to happen next was consultant shunned by others in department (unless very powerful)..
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... the junior usually managed to get back on track, because those around knew what happened. Some juniors were not the female, non-white stereotype
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That's not an assertion by BG, thats the reality of the trainee/consultant relationship across UK medicine. The judge limiting an exploration of this is incredibly worrying. Another concern for all trainees. 1 person carrying a delicate wardrobe down stairs, that 3 should. Nuts.
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It comes under the heading of 'Reliance was placed on the following details' when summarising her defence. I share your concern as to how the consultant's involvement went unexplored. I'd like to understand how/why.
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I think the contradiction in the extent to which many decry corporate hospital behaviour & then hold to the position that a court can somehow unravel the assessment of individual culpability as distinct from the corporation without any kind of unbiased exploration is incredible!
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And this is the point about how predicated the whole legal system is on attributing individual blame:https://twitter.com/DrSimonMc/status/962463337819922434?ref_src=twcamp%5Eshare%7Ctwsrc%5Em5%7Ctwgr%5Eemail%7Ctwcon%5E7046%7Ctwterm%5E3 …
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